KLUTSE AND ANOTHER vs. NELSON

JUDGMENT OF APALOO J.S.C This is an appeal from the judgment of Acolatse J. (as he then was) delivered on 28 January 1964. By that judgment, the court awarded in favour of the respondent (hereinafter called the plaintiff) damages in a collision. The appellants will hereafter be referred to as the first and second defendants. The facts of this case are comparatively simple although there is a sharp area of disagreement between the parties. The plaintiff who is a telephonist in the employment of the Ghana Police Service lived at Tema. At about 6 a.m. on 23 June 1962, she joined a Mercedes Benz bus with the registration number AF 7369 bound for Accra. She was with about 21 other passengers in a bus driven by one Ebenezer Otu Laryea. At the outskirts of Teshie, this bus was in collision with a tipper truck belonging to the second defendant company and driven at that time by their driver and servant, the first defendant. The plaintiff claimed that that accident was caused by the neglige...