MENSAH vs. DABANKA [1962]DLSC1595

Date	1962-03-19
Suit No.
Citation No.	[1962]DLSC1595

KORSAH JSC

C.J. JSC

VAN LARE JSC

SARKODEE-ADDO J.S.C.

ANIN FOR THE APPELLANT.

E. K. EDUSEI FOR THE RESPONDENT.

[1962]DLSC1595
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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:#548DD4">MENSAH <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:#548DD4">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:#548DD4">DABANKA <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1962] 2 GLR 178<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"> 19TH MARCH, 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">

ANIN
FOR THE APPELLANT.<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 6.0pt 0in">

KORSAH, C.J., VAN LARE AND
SARKODEE-ADDO, JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF VAN
LARE, J.S.C.<o:p></o:p>Van Lare, J.S.C. delivered the judgment of the court. [His
lordship stated the facts as set out in the headnote and continued:] On the 9th
April, 1959 Kwasi Boye drove the car to Kumasi to obtain a certificate of road
worthiness from the certifying and examining officer. This the appellant knew
and impliedly authorised. Even if he did not so authorise, driving the car to
Kumasi for this purpose was so connected with the appellant’s taxi business
that in doing so Kwasi Boye would in our view be acting within the scope of his
employment.<o:p></o:p><o:p>&nbsp;</o:p>The only point we had to decide in this appeal was whether the
appellant’s said servant was acting on his own or for the purpose of his
employer when he brought the car down to Kumasi that day. The appellant said he
prohibited Kwasi Boye from running the car until it was licensed and insured,
and therefore when he carried a passenger in the unlicensed and uninsured taxi
his said servant was not acting on his authority. It was also suggested that
the driver could have returned to the village much earlier than 7 p.m. and his
delay in Kumasi therefore placed him outside his employer’s business. These
arguments did not impress us. The fact that the appellant gave his servant
money with instructions to renew the motor licence, and to take insurance in
order to operate the vehicle impliedly authorised him to take the vehicle to
Kumasi for testing to obtain a certificate of road worthiness, as this was a
sine qua non for obtaining the motor licence. It was the duty of the driver to
return to his normal garage at Kokoti and the fact that he could have left some
time earlier did not affect his duty to return to the normal garage. We did not
think that because the servant casually picked up a passenger on the return
journey before the collision placed him outside the scope of his employer’s
business by reason of the fact that the car had not then been licensed nor
insured.<o:p></o:p><o:p>&nbsp;</o:p><a name="_gjdgxs"></a>As it was clear on the
evidence that Kwasi Boye was a servant of the appellant on whose errand he was
engaged and that it was his duty to drive the appellant’s taxi car at the time
of the accident, the appellant was liable in damages resulting from the
negligent driving of the taxi car by his said servant.<o:p></o:p>For the reasons indicated we dismiss the appeal.<o:p></o:p>

<o:p>&nbsp;</o:p></main>