[2007]DLSC6126 • February 14, 2007 • Supreme Court •
ABUSALAM ZENABU vs. MADAM AMA NKRUMAH & 2 ORS.
The plaintiff, Abusalam Zenabu, was a fare-paying passenger in vehicle ASA 42 A driven by the third defendant, Isaac Yeboah. On 11 October 1995, at Afoako Junction on the Obuasi-Kumasi road, the vehicle collided with the rear of vehicle AHA 4905. The plaintiff alleged that the third defendant negligently overtook without due care, causing the accident and resulting in serious injuries including fractures and permanent disability. The defendants denied negligence, attributing fault to the driver of vehicle AHA 4905 for careless driving and failure to signal properly.
read moreANSAH, J.S.C. On 11th October 1995, the plaintiff was travelling on vehicle number ASA 42 A as a fare-paying passenger when it got involved in an accident at the Afoako Junction on the Obuasi-Kumasi motor road. The driver was one Isaac Yeboah, 3rd defendant in the suit. The plaintiff pleaded that "6 ... on reaching the Afoako junction the 3rd defendant saw vehicle No. AHA 4905, which was ahead of him slow down in order to branch into the Afoako Feeder Road. 7 .... the 3rd defendant decided to overtake it but without taking proper care and attention. 8 ... as a result the 3rd defendant drove so carelessly, and negligently that the said vehicle No. AS 42 A ran into the rear end of vehicle No. AHA 4905 resulting in the accident." She gave the particulars of negligence as: i.) (a) Driving without due care and attention. (b) Failing to maintain the vehicle (c) Driving at excessive on a dusty road (d) Driving without due regard for human life (e) Failing to observe tra...