AMETOENENU AND ANOTHER vs. STATE TRANSPORT CORPORATION

ADJABENG JA. At about 11 am on 16 December 1986, William Karikari Appau, a driver and servant of the State Transport Corporation, the plaintiffs-respondents in this appeal, took charge of the corporation’s bus with registration number AM 9528 with passengers on board and started for Wa in the Upper West Region. He was, according to his evidence the only driver assigned to that bus that day. The said driver, who gave evidence as the first witness for the plaintiff, drove the vehicle till he reached a village called Sawla where he stopped to enable a passenger alight. According to this witness, he reached this village at about 10 pm. After the passenger had alighted, he took off again and when he had done about three miles, something happened. The witness said he saw the light of an on-coming vehicle. He continued as follows: “I then dipped my head lights. It was a rough dusty road. I then gave way to the on-coming vehicle to pass by going to the right. As soon as the on coming ve...