[2009]DLHC7073July 31, 2009High Court

ABRAHAM GYAPPIAH (PLAINTIFF) vs. F. J. QUACKA & CO AND DAVID BAISEL (DEFENDANTS)

The Plaintiff is the owner of a Datson 160 J Saloon car numbered WRA 724. The first Defendant is also the owner of Lada Estate No. AEB 2309 which was subsequently renumbered as WR 4083 C. The second Defendant was at all material times the driver of the Lada Estate car No. AER 2309. On 12th September, 1997, the Plaintiff’s driver in charge of the Datson 160 J was driving from Takoradi towards Sekondi. And second Defendant in charge of first Defendant’s vehicle, a Lada Estate was driving in the opposite direction that is to say from Sekondi towards Takoradi. At a sport near Government secretarial School, second Defendant was alleged to have tried to overtake three vehicles on the trot and in the process crashed into the Plaintiff’s car in his lane of traffic. The Plaintiff’s car was said to be damaged beyond economic repair hence the present action by the Plaintiff for:— 1) Recovery of his Datson 160 J saloon car No. WRA 724 or in the alternative its current value. 2) Rec...