WEST AFRICAN BAKERY vs. MIEZAH

This is an appeal from a judgment of Aboagye J. dated 23 June 1969 in favour of the plaintiff in an action for damages for negligence. The plaintiff’s claim was for, “the sum of N¢2,600.00 for loss and damage to the plaintiff by the negligent driving of Louis Obialo, the servant or agent of the defendants.” The plaintiff’s case was that on 21 January 1967 his driver, one Benie Ansah, drove his Robur Commercial lorry No. WR 8584 from Takoradi towards Half Assini. When he had passed Kwesimintsim and was heading towards Apremdu he sighted the defendants’ V.W. van No. SG 5538 ahead of him. It was then parked on the near side of the Takoradi-Half Assini road, facing Half Assini. He sounded his horn and indicated by his off side direction indicator that he was going to overtake the van. As he approached the van and was about three yards to it, the driver of the van, without indicating his intention to move to his right, suddenly moved and turned to his right, and collided with his...