ABENA MANU vs. KAKRABA AND ANOTHER [1962]DLHC1302

Date	1962-05-09
Suit No.
Citation No.	[1962]DLHC1302

BRUCE-LYLE J.

P. D. ANIN FOR THE PLAINTIFF. DOES NOT DERIVE.

C.F. HAYFRON-BENIAMIN JNR. FOR THE SECOND DEFENDANT.

[1962]DLHC1302
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">ABENA MANU <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">KAKRABA AND ANOTHER<o:p></o:p><span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">&nbsp;[HIGH COURT, SUNYANI]<o:p></o:p>[1962] 1 GLR 341<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

DATE:<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"> 9TH MAY, 1962.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

P.
D. ANIN FOR THE PLAINTIFF. DOES NOT DERIVE.<o:p></o:p>

C.F.
HAYFRON-BENIAMIN, JNR. FOR THE SECOND DEFENDANT.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 2.0pt 0in">

BRUCE-LYLE J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
BRUCE-LYLE J.<o:p></o:p>This is a claim founded in negligence and on the Fatal Accidents
Act of 1846 1(1) in which the plaintiff claims, as mother of one Kwame Boakye
(deceased), for her benefit and for the benefit of one Ama Buor, the
grandmother and guardian of the said Kwame Boakye (deceased), £G2,000 damages
against the first and second defendants jointly and severally for the first
defendant’s negligence in carrying the said Kwame Boakye (deceased) by a
Volkswagen bus No. AH 8880 whereby the said Kwame Boakye was killed on the
Derma-Ankase road on the 20th June, 1961, the second defendant being at all
material times the master of the first defendant.<o:p></o:p><o:p>&nbsp;</o:p>The statement of claim was filed with the writ in which the
plaintiff supplied all the particulars of negligence and also particulars
pursuant to the Fatal Accidents Act, 1846.<o:p></o:p>The first defendant did not enter appearance and on the 25th
November, 1961, interlocutory judgment was entered against him. At the trial of
this claim against the second defendant, this court decided that it would be
more convenient to assess damages against the first defendant at the end of the
case.<o:p></o:p><o:p>&nbsp;</o:p>The evidence of the plaintiff was that on the 20th June, 1961, her
son Kwame Boakye, aged fourteen years and a Middle Form 4 pupil, went to school
at Derma from Ankase, and that when returning from school in the evening he was
a passenger on a Volkswagen bus No. AH 8880 belonging to the second defendant
and driven by the first defendant. That the bus on the way to Ankase went into
a ditch and Boakye sustained injuries from which he died later. That the first
defendant was later charged with negligently causing grievous harm to the said
Boakye and he pleaded guilty to the charge and was fined £G75 or in default six
months imprisonment. That Boakye would have completed his elementary education
at the end of the year and the wish of the plaintiff was to get him employed in
the civil service of this country. That at the time of the death of Boakye he
assisted the plaintiff on her farm, helped her to fetch firewood and foodstuffs
from the farm and helped her to cultivate the farm. The plaintiff said that
after school she expected Boakye to secure employment and to look after her and
the grandmother, and that she and the grandmother have lost all these benefits
by the untimely death of her son. There was no other evidence to corroborate
the evidence of the plaintiff as to the assistance rendered to her on the farm
by her son and also that he was a passenger on the bus owned by the second
defendant and driven by the first defendant at the material time. However,
there appears to be no denial in the statement of defence of these facts, which
were averred in the statement of claim.<o:p></o:p><o:p>&nbsp;</o:p>The case for the plaintiff is that by the death of Boakye, she and
the grandmother have been deprived of the benefits which they derived from the
services of Boakye on the farm and that the second defendant is vicariously
liable for the negligence of the first defendant.<o:p></o:p><o:p>&nbsp;</o:p>The second defendant did not in his statement of defence deny that
he is the owner of the bus driven by the first defendant but denied the fact
that the first defendant at the material time was acting under his instructions
in driving the said bus.<o:p></o:p>