[2008]DLCA6732April 3, 2008Court of Appeal

ISAAC K. B. ASIAMAH vs. BRIGHT MORDO, H.T. ADJIRACKOR AND COOPER ENGINEERING WORKS

On 23 October 1993, the plaintiff's Sunbeam taxi was rear-ended by a Peugeot 504 driven by the 1st defendant, causing severe damage. The 1st defendant was prosecuted and convicted for careless driving and driving without owner's authorization. The plaintiff sued the defendants jointly for damages including loss of revenue, general damages, interest, and replacement value of the vehicle.

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QUAYE, JA The facts herein are quite simple. The pleadings and later, the evidence, show that on 23rd October 1993 at about 4.00 p.m., the plaintiff, as owner of a Sunbeam Taxi-cab with registration number AK 5843, was driving along the 37 Military Hospital/Kotobabi/Achimota highway from the direction of the 37 Military Hospital. On reaching a spot at Dzorwulu, a Peugeot, 504 Saloon car with registration number GZA 4843 bumped into the rear of the Sunbeam taxi cab with such force that the taxi-cab somersaulted a few times, and the resulting damage rendered the taxi cab uneconomic to repair. At the material time of the accident, the Peugeot 504 Saloon car was driven by the 1st defendant, Bright Mordo. The owner of the said vehicle was the 2nd defendant/appellant herein. The accident was investigated by the Police at Nima, Accra and the 1st defendant/driver of the Peugeot 504 Saloon was prosecuted in the District Court Grade I, James Town Mantse Palace where he was found guilty,...