FYNN vs. BADU

On 9 March 1965 a collision occurred between a lorry and a VW van at a place called Apremdu Road on the Takoradi-Apowa motor road. The lorry was then being driven by the first defendant while Mr. M. K. Bosumtwe was in charge of the VW van. The latter met his death as a result of the accident. On 5 December 1966 the plaintiff obtained letters of administration to administer the estate of the said Bosumtwe and on 30 December 1966 he brought an action against the defendants claiming damages on behalf of certain named dependants of the deceased. It was claimed by the plaintiff that the accident occurred as a result of the negligent driving of the first defendant. The second defendant was sued jointly with the first defendant because it was stated in the writ that: “At the material time, the first defendant was the servant and employee of the second defendant, the second defendant being the owner of the vehicle in question.” As attempts to serve the first defendant with the writ were...