YAKUBU vs. DOVE AND ANOTHER

JUDGMENT OF KINGSLEY-NYINAH J.A. Kingsley-Nyinah J.A. [stated the facts as summarised in the headnote and continued:] In all the circumstances of the case, therefore, I would hold that negligence firmly attached to the appellant both in the careless manner of his riding, in his lack of reasonable foresight, and in the misguided reliance he placed in that invalid beckoning signal he solicited from the driver of the waiting Toyota truck, his own witness, The driver of that stationary Toyota truck was Abdul Karim who testified as the appellant’s second witness. It is a matter of no mean significance that his evidence contradicted that of the appellant in a couple of very material particulars, and weakened, therefore, the central core of the appellant’s allegation of negligence against the second respondent. Testifying under cross-examination, this witness said: “It is correct that a vehicle going to turn to the right from a major road must move into the middle of the road to allo...