DUAKO AND ANOTHER vs. ADAMPA

LAMPTEY JA. About 7.00 pm on 25 May 1987 one Kofi Adampa was driving a farm tractor loaded with sawn timber from Twemia Nkwanta towards Techiman when it broke down. He parked the tractor and left the scene to travel to Techiman to buy diesel fuel. He left behind one Yaw Fosu to look after both the tractor and the sawn Timber. Since it was getting dark Yaw Fosu was to use a flash light to assist and warn drivers of other vehicles using the highway to exercise due care and attention. In due course a taxi-cab driven by one Nelson Duako travelling from Techiman towards Sunyani crashed into the stationary tractor and caused extensive damage it. The taxicab was also damaged. The owner of the tractor, Kofi Adampa, took action in negligence against Nelson Duako and his insurer. He claimed two reliefs, namely: “(1) ¢1,300,000 being the total cost of repairs of the tractor, and (2) loss of use at ¢6,000 per diem for a period of four months.” At the end of the trial judgment was entered...