AGNES ASARE-KONADU vs. FIRST RATE MICROFINANCE CO. LTD AND TWO OTHERS

This is an action rooted in the tort of negligence and the remedy resultant from such tortuous action. The Plaintiff mounted the action initially against four (4) Defendants as per the title found on the Writ of Summons. However, the fourth Defendant, Vanguard Assurance Company Limited, was non-suited leaving the other three Defendants to contest the Plaintiff’s action. It appears to me that the Writ of Summons was not amended to reflect the reduction of the Defendants from four (4) to three (3) persons. The pleadings have First Rate Microfinance Company Limited, Panyin Benyimah Arthur and Emmanuel Avemee as 2nd, 3rd and 4th Defendants respectively. I will therefore rechristen them as 1st, 2nd and 3rd Defendants respectively for the purpose of this judgment. The undisputed facts that have given rise to this suit is that on 13th September, 2014, the 3rd Defendant whilst in charge of vehicle No. GX4175-14, drove into the Plaintiff resulting in injuries to the Plaintiff. The Pla.....