NYAME vs. TARZAN TRANSPORT AND ANOTHER

On 13 August 1964, at a place between Nkawkaw and Awendadze Village, on the Nkawkaw-Kumasi road, a vehicle No. AG 5744, owned by the second defendant, collided with a Bedford truck No. AG 8721, owned by the first defendant-company. The plaintiff, who was a fare-paying passenger on the former vehicle, sustained personal injuries as a result of the collision. In an action before Mensa Boison J. in the High Court, Kumasi, the plaintiff claimed damages from the owners of the two vehicles, alleging negligence on the part of their drivers. In his judgment following the trial Mensa Boison J. said: “In the result I am satisfied that the accident was wholly caused by the negligence of the first defendant by driving into the path of the second defendant’s bus and by lack of proper control failed to avoid colliding with the second defendant’s vehicle. I do not find any negligence in the driver of bus No. AG 5744.” The first defendant has now appealed to this court, and the argument in...