KYEREMATEN vs. AMADU

The plaintiff’s claim against the defendant is for general damages and loss of earnings resulting from the negligence of the defendant’s servant, Joseph K. Duodu, by which his timber truck was damaged. The plaintiff was the owner of a timber truck with registration No. GJ 996, and the defendant is a transporter and owner of Morris bus No. GJ 1459. The driver of the Morris bus at the material time was one Joseph K. Duodu, the plaintiff’s first witness. The facts of the case are that on or about 14 August 1970, the plaintiff’s timber truck with logs was being driven from Abura Dunkwa towards Cape Coast and the defendant’s Morris bus was going from Cape Coast towards Abura Dunkwa. The two vehicles were travelling in opposite directions. At a point near a village called Taidu the defendant’s driver swerved in a curve to the right and the plaintiff’s driver in attempt to avoid a head-on collision also swerved further to his left side and in so doing landed the timber tru...