MENSAH vs. DABANKA

JUDGMENT OF VAN LARE, J.S.C. Van Lare, J.S.C. delivered the judgment of the court. [His lordship stated the facts as set out in the headnote and continued:] On the 9th April, 1959 Kwasi Boye drove the car to Kumasi to obtain a certificate of road worthiness from the certifying and examining officer. This the appellant knew and impliedly authorised. Even if he did not so authorise, driving the car to Kumasi for this purpose was so connected with the appellant’s taxi business that in doing so Kwasi Boye would in our view be acting within the scope of his employment. The only point we had to decide in this appeal was whether the appellant’s said servant was acting on his own or for the purpose of his employer when he brought the car down to Kumasi that day. The appellant said he prohibited Kwasi Boye from running the car until it was licensed and insured, and therefore when he carried a passenger in the unlicensed and uninsured taxi his said servant was not acting on his authority...