[2014]DLCA2917June 19, 2014Court of Appeal

SAMUEL NARTEY KODJOE vs. VANGUARD ASSURANCE CO. LTD

MARIAMA OWUSU, J.A: The main issue for determination in this appeal is whether the Plaintiff/Appellant at the time of the accident that has culminated in this appeal had a valid driving license. The trial judge answered this question in the negative. Dissatisfied with the decision of the trial court, the plaintiff appealed to the Court of Appeal on the following grounds; a. The judgment is against the weight of evidence. b. The court erred when it held that at the time of the accident the plaintiff did not have a valid driving license. c. Further grounds of appeal may be filed upon receipt of the record of proceedings. The relief sought from the Court of Appeal is that; The judgment be set aside and judgment given to the plaintiff. Before dealing with the merits or otherwise of this appeal, I will give a brief background of this case. The plaintiff/appellant [herein after referred to as plaintiff] issued a writ of summons claiming the following reliefs; 1. A declaration t...