ADOM vs. NTOW

FORSTER JA. The plaintiff-respondent Kwaku Ntow (hereinafter called the plaintiff) was at the material time in 1981 self-employed in the “tie-and-dye” business and lived in Kumasi. The defendant-appellant, Kwame Adom (hereinafter called the defendant), lived in Kumasi and owned a 78-seater Neoplan bus No GT 9810. The vehicle was driven by Joseph Boateng, who at the trial gave evidence as DW1. On 17 October 1981 the plaintiff boarded the defendant’s said bus at Accra. He was bound for Kumasi and had with him as his luggage some chemicals which he had purchased in Accra for his “tie-and-dye” business. DW1 was the driver of the vehicle. At about 4.30 pm they reached a point between Odumase and Potroase on the Accra-Kumasi highway. A broken-down Mercedes Benz articulated truck No GK 4206 was in the lane of the Neoplan bus. It was in a curve and facing Kumasi direction. The driver of the bus drove on and attempted to pass the stationary vehicle. Just then, he sighted an approach...