ATSYOR vs. DONKOR AND ANOTHER

JUDGMENT COUSSEY J. The plaintiff brings this action for damages as successor to and administrator of the estate of Francis Koku Edjah, deceased. On 23 February 1974, the first defendant who was employed by the second defendant whilst driving vehicle No. GF 6367 on the Avenui-Wegbe motor road skidded off the road and somersaulted. Francis Koku Edjah who was a passenger on the vehicle sustained injuries from the accident and died on the same day. He was aged 24 years and was a student of St. Paul’s Secondary School, Denu. The plaintiff’s case is presented under two heads: that is, the first defendant was negligent and the accident was entirely due to his negligence. Alternatively, he was relying on the doctrine of res ipsa loquitur. The plaintiff’s first witness Emmanuel Tsitsiku who is now a student at the Institute of Professional Studies at Legon, said on the day of the accident, he was a student at the St. Paul’s Secondary School, Denu, and they we...