[2023]DLHC17095February 21, 2023High Court

JOHN BARTELS AMANKO vs. TINA YEBOAH MENDS, ABRAHAM BONNEY

The Plaintiff, a businessman and owner of an Audi car, alleged that on 10th May 2020, the 2nd Defendant, driving a Sprinter bus owned by the 1st Defendant, negligently caused an accident by driving without due care and at excessive speed, resulting in damage to the Plaintiff's vehicle and injury to the Plaintiff and his companion. The 2nd Defendant was convicted in a District Court for careless and inconsiderate driving. The Defendants contended the accident was caused by a mechanical defect in the bus and that they attempted amicable settlement, disputing the repair costs claimed by the Plaintiff.

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JUDGMENT The Plaintiff on the 18th day of September, 2018 caused a Writ of Summons to be issued against the Defendants herein and claimed for the following reliefs: 1. An order to the Defendants jointly and severally for the refund of cost of repairs of damaged vehicle No. GN 2562-11 belonging to Plaintiff amounting to GHC 9,500.00(Nine Thousand five Hundred Ghana Cedis) 2. General damages for shock and truama suffered by Plaintiff and his companion as a result of the accident. 3. Special damages for daily expenditure on transportation of an average of GHC150.00 (One hundred and fifty Ghana Cedis Cedis) per day from date of accident 10th May 2020 to time of settlement. 4. Cost including legal costs. THE CASE FOR THE PLAINTIFFS It is the case of the Plaintiff that he is a businessman and contractor and also the owner of Audi Car with registration number GN 2562 - 11 whilst the 1st Defendant is the owner of Spinter bus with registration number GW 6177-15 which w...