MICHAEL TETTEH vs. EMMANUEL TETTEH SIKA AND JOSEPH TETTEH KWADZO

OWUSU-ANSAH, JA. This is an appeal from the judgment of the Circuit Court Odumase-Krobo. It would conduce to clarity of thought if the relevant facts are recounted in detail. On the 16th November 1995, the elders of Saisi, a suburb of Odumase-Krobo, decided to tidy up the township and also to fill up the potholes on the motor roads in the town. Accordingly, communal labour was organised. A truck was also hired, which conveyed gravels for the filling up of the said potholes. The Plaintiff was one of the young men who joined the elders to do the communal labour at Saisi during that period. The job could not be completed that day and so it became necessary to engage another truck, because of the unavailability of the first original truck to convey the gravel. Consequently the elders approached the second Defendant and hired his tipper truck No. GR 9617D for the purpose. According to the Plaintiff, as the 1st Defendant did not know where to deposit the gravels the elders asked hi...