[2016]DLCA5189 • December 8, 2016 • Court of Appeal
YUSSIF SEIDU AND MAERSK GHANA LIMITED vs. SGT BABA SAMBO AND 2 OTHERS
WELBOURNE (MRS), J.A. Brief facts On 10th November, 2006, a Volvo Articulated Truck with Registration Number GW 6450 W belonging to the 2nd Defendant’s Company and driven by 1st Defendant collided with Mercedes Benz Cargo Truck No. GT 9143 S owned by 1st Plaintiff and driven by one Kwabena Badu and whose mate, one Samuel Kwaku Agbo was in the Mercedes Benz Truck, at the time. Unfortunately, both Kwabena Badu, the driver of the Mercedes Benz Cargo Truck and his mate lost their lives on the spot of the accident. Apart from that, the Mercedes Benz Truck was also damaged beyond repairs Indeed, whilst the Plaintiffs attributed the accident to the negligence of the driver of the Volvo Truck the Defendants also attributed negligence on the part of Kwabena Badu, the Mercedes Benz Cargo Truck as the cause of the accident. Thus, both Plaintiffs and Defendants sued and counterclaimed for damages for negligence. The 1st Plaintiff claimed against the 1st and 2nd Defendants jointly and se.....