[2018]DLCA5213May 22, 2018Court of Appeal

KWADWO APPIAH vs. KWABENA ANANE

WELBOURNE, JA This appeal has arisen from the dissatisfaction of the Plaintiff/Appellantwith the judgment of the High Court–Kumasi (Commercial Division) dated the 30th day of October, 2015. For brevity, the Plaintiff/Appellant would hereinafter be referred to as the Appellant, and the Defendant/Respondent, as the Respondent. The Appellant commenced this action against theRespondent at the High Court (Commercial Division) – Kumasi for the following reliefs (as found on pages 2 and 107 of the Record of Appeal): 1. The sum of GHC 400 000.00 as General and Special Damages for the injuries the Plaintiff suffered on the 28th of April, 2009 when the Plaintiff hired the Defendant’s timber truck numbered AS 5471-X to cart his timber but unknown to Plaintiff, Defendant’s Driver was unlicensed and the vehicle was also not insured; which the Defendant’s Driver drove negligently and run into a ditch resulting in serious injuries to the Plaintiff. The part of judgment complained of, t...