KANKAADI AND ANOTHER vs. B.I.O. LTD. AND ANOTHER

EDUSEI J. The plaintiffs are claiming damages against the defendants for the negligence of one Peter Kwasi Nyamekye who at the time of the accident was driving a timber truck No. GK 544. The plaintiffs originally sued out a writ against the first defendants who were the owners of vehicle No. GK 544, but in view of their statement of defence, the plaintiffs thought it desirable to join the second defendants to the suit. The facts of the case as revealed by the evidence are that Peter Kwasi Nyamekye was the driver of the timber truck No. GK 544, and was driving it on 12 September 1973 from Sekondi towards Takoradi. It must be understood that at that time Ghana had not changed over to the right-hand traffic, i.e. traffic in this country at the time was on the left-hand side of the road. As the driver neared the Household Utilities Manufacturing Company's factory, popularly known as the Chinese factory, the [p.454] driver of timber truck No. GK 544, in an attempt to overtake another ti...