FAKAA vs. DUAH AND ANOTHER

JUDGMENT OF HAYFRON-BENJAMIN J. The plaintiff claims as administratrix of the estate of Adjoah Fumah of Nyame, for herself and twelve dependents against the defendants jointly and severally, the sum of £G5,000 whereof £G350 represents special damages and £G4,650 represents general damages, for the negligence of the second defendant in negligently driving the first defendant’s taxi car No. AT 2812. The claim was later amended and raised to £G6,000. The plaintiff’s case is that, on 2 April 1965 at about 8.30 p.m. Adjoah Fumah was walking towards New Drobo along the grass verge bordering the offside portion of the Japekrom—New Drobo road when she was struck by the taxi car belonging to the first defendant and driven by the second defendant which was also travelling in the same direction along the same road towards New Drobo. As a result of being struck and knocked down, the said Adjoah Fumah received fatal injuries. The accident, the plaintiff claims, was due to the negligen...