NTIAMOAH vs. THE REPUBLIC

JUDGMENT OF WUAKU J.A. Wuaku J.A. delivered the judgment of the court. The appellant was arraigned before the District Court, Grade I, Kumasi on a charge of careless driving and five other charges for negligently causing harm. The appellant pleaded not guilty to the charges; he was tried and found guilty; his appeal to the High Court, Kumasi was summarily dismissed and now appeals to this court. The prosecution’s case was that on 7 December 1985 on the Kumasi-Obuasi motor road the appellant drove a motor vehicle No. W. R. A. 1482, a Benz van, without due care and attention whereby in his attempt to overtake a leading vehicle No. GK4145, the appellant knocked and forced the said motor vehicle No. GK 4145 off the road; it landed in a ditch, causing damage to the said vehicle and injuries to the passengers on the said vehicle. The first prosecution witness said that he was on his way from Kumasi to Dunkwa and on the way he noticed that a vehicle behind him was trying .....