AZOKA vs. ATTORNEY-GENERAL [1966]DLHC1659

Date	1966-06-20
Suit No.
Citation No.	[1966]DLHC1659

CHARLES J.

E. O. APPIAH FOR THE PLAINTIFF.

MICHAEL DANSO ASSISTANT STATE ATTORNEY FOR THE DEFENDANT.

[1966]DLHC1659
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													<main id="main" class="content" style="min-height: 60rem" >AZOKA <o:p></o:p>vs. <o:p></o:p>ATTORNEY-GENERAL <o:p></o:p>[HIGH COURT, TAMALE]<o:p></o:p>[1966] GLR 520<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
20 JUNE 1966.<o:p></o:p>

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

E. O. APPIAH FOR THE PLAINTIFF.<o:p></o:p>

MICHAEL DANSO, ASSISTANT STATE ATTORNEY, FOR THE
DEFENDANT.<o:p></o:p>

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

CHARLES J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF CHARLES J.<o:p></o:p>In this
action the plaintiff claims the sum of £G1,000 as damages for injuries suffered
by him as a result of the negligence of Kodjo Gbeddie an employee of the
Regional Organisation of the Upper Region, while he was driving motor vehicle
No. NG 54 in the course of his employment.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff was a passenger in the front seat of motor car No. SG 9619 which was
being driven by Bogna Frafra on 16 September 1963 from Bawku to Bolgatanga
along a laterite road at about 35 miles per hour. The driver Bogna Frafra says
that he was approaching the market place about four miles from Bolgatanga when
he saw a tipper truck driven from a bush road onto the main road. He sounded
his horn to warn the driver of the tipper truck which was about twenty yards
away from him but the tipper truck did not stop but rather went onto the middle
of the road and turned right. It was when the truck was in the process of
turning right that the accident occurred. The car was totally wrecked and the
plaintiff sustained injuries. The front of the car was hooked onto the rear of
the truck which dragged it about twelve feet away from the point of impact. The
plaintiff’s evidence as to the cause of the accident was corroborated by the
plaintiff’s first witness.<o:p></o:p><o:p>&nbsp;</o:p>Kodjo
Gbeddie, the driver of the tipper truck No. NG 54 stated that on 16 September
1963, he was driving the truck from Bolgatanga to Tamale to collect gas oil and
petrol. He left the Regional Office, Bolgatanga, at about 10.15 a.m. and he
drove the truck towards Zuarungu market to collect a travelling bag for his
brother. As the truck approached the Bolgatanga and Bawku main road he brought
it to a stand-still and sent his mate to collect the bag. Before he drove the
truck onto the main road he looked to the left and to the right to see if any
vehicle was coming along the main road but he saw no vehicle. While he was
driving the truck onto the main road he saw a lot of dust in the Bawku
direction and that a Peugeot car was coming towards him. He stopped the truck
when it was halfway on the road and he later heard an impact. He applied his
handbrake, came down from the truck and noticed that the front of the Peugeot
car had hit the left rear tyre of the truck. Kodjo Gbeddie stated that if Bogna
Frafra was not driving very fast he could have avoided the accident.<o:p></o:p><o:p>&nbsp;</o:p>Under
cross-examination Kodjo Gbeddie admitted that there was no bush on the left or
right side at the junction of the main road and the bush road he was travelling
on, and that he was able to see 100 yards along the left side of the main road
and 200 yards along the right side of the main road. He was about to cross from
the bush road onto the left side of the main road but when he saw the car
coming from Bawku he stopped the truck when its front wheels were on the right
side of the main road.<o:p></o:p><o:p>&nbsp;</o:p>The evidence
given by Kodjo Gbeddie could not be true because the impact between the two
vehicles occurred on the main road. If it is true that only the front wheels of
the truck were on the main road when the impact occurred then the impact would
have occurred on the minor road as the rear wheels of the tipper truck were on
the minor road and the front of the Peugeot car ran into the left rear tyre of
the truck. I do not believe that Kodjo Gbeddie stopped at the junction and
looked both to the left and right before driving the truck onto the main road
because if he did look he would have seen the Peugeot car as he could have seen
100 yards to the left and 200 yards to the right. I do not believe that the
Peugeot car was travelling so fast that it raised up a lot of dust and thereby
prevented Kodjo Gbeddie from seeing the car in time as suggested in his
evidence.<o:p></o:p><o:p>&nbsp;</o:p>On the
evidence I find the accident was caused by the negligence of Kodjo Gbeddie in
driving the truck from a minor road onto a main road without first ascertaining
whether any vehicle was travelling along the main road. I also fin</main>