MARY TUTU vs. ROBERT KWAME GYAMFI AND OTHER

The plaintiff was involved in an accident on 5th December, 2008 when she was travelling in first defendant’s Mercedez Benz Bus, No. GT 8549 P, driven by the second defendant. According to her, she boarded the bus as a fare-paying passenger at Kejetia, travelling to Jachie to attend the funeral of a relative. She testified that in the course of the journey, a young lady who was also a passenger, drew the attention of the driver’s mate to an unusual noise at the back of the vehicle and impressed on him to inform the driver. The mate said the noise was from a broken seat in the vehicle and did not draw his master’s attention to the it. Plaintiff led evidence that the young lady repeated her request, but the mate paid no heed. She said the vehicle was at this stage being driven at top speed. All of a sudden one of the back tyres burst, the driver lost of control and the vehicle landed in a ditch. Plaintiff said she got injured in the accident. She described the extent of her i...