[1962]DLSC1477 • May 25, 1962 • Supreme Court •
KOFI ESSEL vs. THE STATE
The appellant, Kofi Essel, was convicted of manslaughter for causing the death of Doku Gakpetor on 22nd February 1960 at Weija junction on the Accra-Winneba road. The prosecution's case was that the appellant was driving a five-ton Bedford truck at excessive speed and collided with another vehicle turning right at the junction, causing the fatality. Witnesses in the appellant's vehicle testified to the high speed and lack of horn warning. The appellant claimed he was misled by the hand signals of the vehicle ahead and attempted to overtake, resulting in the collision.
read moreJUDGMENT OF ADUMUA-BOSSMAN J.S.C. Adumua-Bossman J.S.C delivered the judgment of the court. The appellant was convicted on a charge of manslaughter, the particulars of the offence being that he, on the 22nd February, 1960, at Weija on junction the Accra-Winneba road, unlawfully caused the death of one Doku Gakpetor. The prosecution’s case against the appellant was that sometime between 7.45 and 8.30 a.m. on the material date, while he was driving a five ton Bedford truck No. AG. 2223 along the Accra-Winneba Road in the direction of Winneba between the village of Odorkor and Weija junction, he drove the vehicle in such a manner as to cause it to collide, just about the point where the branch road from Weija village crosses the main Accra-Winneba road, with another vehicle, a five ton Commer truck No. AG. 1612 which was proceeding ahead of him in the same direction, and in the course of the collision unlawfully caused the death of the person mentioned in the charge. .....