AKUFO vs. ISSAKA [1966]DLSC1645

Date	1966-06-13
Suit No.
Citation No.	[1966]DLSC1645

SARKODEE-ADOO C.J.

AZU CRABBE JSC

OLLENNU J.S.C.

VICTOR OWUSU (WITH HIM BONSU) FOR THE APPELLANT.

B.J. DA ROCHA FOR THE RESPONDENT.

[1966]DLSC1645
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													<main id="main" class="content" style="min-height: 60rem" >AKUFO<o:p></o:p>&nbsp;vs. <o:p></o:p>ISSAKA <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1966] GLR 476<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:
13 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">

VICTOR OWUSU (WITH HIM BONSU) FOR THE APPELLANT.<o:p></o:p>

B.J. DA ROCHA FOR THE RESPONDENT.<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">

SARKODEE-ADOO C.J., AZU CRABBE AND
OLLENNU JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF OLLENNU J.S.C.<o:p></o:p>Ollennu
J.S.C. delivered the judgment of the court. The appellant, who will henceforth
be referred to as the plaintiff, a motor driver by trade, was knocked down at
Kumasi, on 1 September 1960, by a motor vehicle owned by the respondent,
hereinafter referred to as the defendant; the accident resulted in the
amputation of his two legs leaving a short stump in each case. He attributed
the cause of the accident to the negligence of a driver of the defendant, then
in charge of the defendant’s vehicle; the plaintiff accordingly instituted
these proceedings claiming £G15,000 damages. Service of the writ of summons
with a statement of claim attached thereto, was effected upon the defendant,
but not upon his driver. The defendant entered appearance but defaulted in filing
a statement of defence within the statutory period, and the plaintiff thereupon
obtained an interlocutory judgment against him. Although he obtained leave to
file a statement of defence out of time and did file one, the defendant
eventually elected not to proceed with the defences he raised; consequently the
interlocutory judgment was not discharged, and the trial proceeded solely on
the issue of quantum of damages.<o:p></o:p><o:p>&nbsp;</o:p>The only
evidence adduced in respect of the sole issue before the court below is that
given by the plaintiff himself, which is very short. The relevant parts of it
given in his evidence-in-chief are as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“On 1
September 1960 I was injured by a lorry belonging to the first defendant and
driven by the second defendant. As a result of this injury both my legs were
amputated at the Central Hospital, Kumasi. I was admitted in hospital on 1
September 1960. I was discharged from the hospital in January 1961. Before the
accident I was a lorry driver. I was then driving a bakery lorry belonging to
Zakours. My salary was £G10 16s. per month. I obtained my driving licence in
June 1959. While I was in hospital, I received my full pay for the first month.
Thereafter I received half pay until discharge. Since my discharge from
hospital I have done no work. I have not earned any income since. Apart from
driving I know no other work. I have a wife and two children, a boy and a girl.
I have never been to school. Before the accident I played football. I belonged
to a team known as Young Hearts at Adeiso. I was a goalkeeper. I did not
receive any wages. We played as amateurs. I claim £G15,000.”<o:p></o:p><o:p>&nbsp;</o:p>His
evidence in full under cross-examination is as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“I
received from the Labour Department £G728 9s. 7d. As a result of the order of
this court I have paid back into court £G695. I consulted a doctor about
fitting an artificial leg. Measurements have been taken but I have heard
nothing since.”<o:p></o:p><o:p>&nbsp;</o:p>And in an
answer to the court he said, “I understand I had to pay £G52 7s. 6d. to have
both limbs fitted but owing to the pendency of this case I have not had time to
see about it.” With that answer he closed his case. Counsel for the defence
offered no evidence.<o:p></o:p><o:p>&nbsp;</o:p>In his
address, counsel for the plaintiff directed the attention of the trial judge to
the basis of assessment of damages in injury cases as can be gathered from some
judgments in English cases in Kemp and Kemp, The Quantum of Damages (1st ed.),
pointing out that the actual financial loss to the plaintiff at the date of
judgment is £G295 7s. 6d. and the estimated cost of fitting the plaintiff with
artificial limbs is £G52 7s. 6d.<o:p></o:p><o:p>&nbsp;</o:p>