KWARTENG vs. SEI AND ANOTHER

JUDGMENT OF DJABANOR J. In this action the plaintiff is claiming from the two defendants damages for personal injuries caused to him by the negligent driving of the first defendant, the servant or agent of the second defendant. When the first defendant, then the only defendant, was served with the writ of summons and the statement of claim in the case, counsel entered appearance for him and filed a statement of defence on his behalf. It appears that subsequently this counsel withdrew from the case and Mr. Kom notified the court that he was now appearing for the defendant. At that time, 27 August 1964, the only defendant was Kwaku Sei. Until this time the statement of defence filed by Mr. Okorley, the first counsel for the defendant Kwaku Sei, was to the effect that Kwaku Sei was the owner of the lorry that caused the accident in which the plaintiff was injured. The defendant also then pleaded that the accident was caused by inevitable accident due to the slippery surface of the road. ...