DZAMBOE vs. MARK

JUDGMENT OF CECILIA KORANTENG-ADDOW J. This is a claim for general damages for personal injuries sustained by the plaintiff in a collision between his Honda motor-cycle and the defendant’s car. The collision occurred on 26 April 1974 at 6 p.m. The plaintiff’s case is that he was riding from Legon along the road linking Legon with Achimota School towards Achimota. At the main junction to Christian Village, he rode past it, but attempted to turn right at the second junction which is about 150 metres from the other junction. In the act of turning, the defendant came from behind and collided into him. The defendant was attempting to overtake the motor-cycle. The plaintiff suffered a compound fracture of the right tibia and fibula which took ten months to heal. The defendant’s case is that on the same day and time he was driving from Legon along the same road and in the same direction. He saw the plaintiff as soon as he came out of a bend to a straight stretch of the road which st...