METRO MASS TRANSIT LTD. PER THE MANAGING DIRECTOR KUMASI vs. REV. ADDAI KWARTENG PLOT 31 BLOCK C APRAMAN DABAN, KUMASI

TORKORNOO (MRS), J.A. The undisputed facts of this case are that the parties own buses and run them as commercial vehicles. In the early hours of 15th February 2011, at about 2 am, their two buses were travelling along the Kumasi-Bawku road. The bus of the Plaintiff/Respondent (hereafter referred to as the Respondent) was travelling towards Nalerigu and the Defendant Appellant’s (hereafter referred to as Appellant) bus was travelling from Tamale. At a section of the road near Offinso-Ahenkro which was uphill, the Respondent’s bus burst a tyre, reversed, and fell onto its side in the road, thereby obstructing traffic. It is after this that the cases of the parties begin to differ. The Respondent’s case is that some of the passengers got out of the bus with torch lights provided by their driver, to warn on coming vehicles about the accident. An on-coming Yutong bus was effectively warned and safely passed. Then came the Appellant’s bus down the hill. The torch bearers warne...