DARKWAH vs. DENTEH AND OTHERS

This is an appeal from a judgment of a learned judge of the Circuit Court, Kumasi, in which she dismissed the claim of the plaintiff against the defendants in respect of the alleged negligence of the second defendant in the manner in which he drove his vehicle No. AN 5947 on 5 February 1965, holding that the plaintiff had not discharged the onus of establishing that the second defendant was negligent. The co-defendant’s alleged liability was vicarious, he being the master of the second defendant. In view of the divergence of views I think it necessary for the proper appreciation of the findings of the learned judge to reproduce almost in full the evidence of the plaintiff and, in part, the cross-examination which ensued. The plaintiff in his evidence-in-chief stated as follows: “I remember on Friday 5 February 1965 I was driving my vehicle No. AT 7070 in the Effiduase-Ejisu road and on reaching the outskirts of Juaben I sighted a Mercedes Benz bus No. AN 5947 ahead of my vehic...