QUARCOO vs. APPIAH [1972]DLHC2410

Date	1972-03-09
Suit No.
Citation No.	[1972]DLHC2410

ABBAN J.

N. N. HEWARD-MILLS FOR THE PLAINTIFF.

MRS. ESI COBBINAH FOR THE DEFENDANT.

[1972]DLHC2410
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													<main id="main" class="content" style="min-height: 60rem" >QUARCOO <o:p></o:p>vs. <o:p></o:p>APPIAH <o:p></o:p>[HIGH COURT,
ACCRA]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1972]
2 GLR 30<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
9 MARCH 1972.<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">

N. N. HEWARD-MILLS FOR THE PLAINTIFF.<o:p></o:p>

MRS. ESI COBBINAH 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">

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

</div><o:p>&nbsp;</o:p>JUDGMENT OF ABBAN J.<o:p></o:p>The
plaintiff in this action claims special and general damages for the personal
injuries which she sustained as a result of a motor accident involving a
vehicle owned and driven by the defendant.<o:p></o:p><o:p>&nbsp;</o:p>As stated
in her evidence, the plaintiff is a member of a spiritual church, known as
Bethany Church. The church is located at Kaneshie. Accra, and the plaintiff who
lives at Osu always travels to Kaneshie to worship in this church. On 28 March
1969, after the usual church service, the plaintiff, in company of other
members of this church, took a bus from Kaneshie bus stop to Accra Central Bus
Station near the Opera Cinema. They could not get a bus to take them from this
terminus to Osu as it was too late in the night and the last bus had apparently
left.<o:p></o:p><o:p>&nbsp;</o:p>Some of
those persons at the bus station decided to walk home. The plaintiff and a
friend of hers (the plaintiff’s first witness) after some hesitation also
decided to walk. Consequently, they left this bus stop.<o:p></o:p><o:p>&nbsp;</o:p>They
walked along the 28th February Road and on the pavement on the left side of the
said road facing the direction of the Black Star Square (now Independence
Square). There were other groups of persons going in the same direction and who
were walking ahead of the plaintiff and her first witness. The plaintiff stated
that she and her first witness were walking abreast, the plaintiff being next
to the road. According to the plaintiff, when she and her first witness got to
a place near the P.W.D. Headquarters and before the traffic lights in the area
a vehicle suddenly emerged from behind and knocked her down on the pavement.
The plaintiff suffered injuries and was rushed to the Korle Bu Teaching
Hospital where she was admitted and remained for eleven weeks.<o:p></o:p><o:p>&nbsp;</o:p>The first
witness for the plaintiff, Margaret Osei Kuffour, said on the night of the
accident she was with the plaintiff. She averred that after the church service
at Kaneshie, she and the plaintiff joined the same bus from Kaneshie to the
main bus stop in Accra Central. There was no Osu bus when they got to this
stop. So they were compelled to walk home. At that time, the plaintiff’s first
witness was also living at Osu. She said they walked on the pavement along the
side of 28th February Road and they walked side by side, the plaintiff being on
the right of the plaintiff’s first witness. She confirmed the evidence of the
plaintiff that they walked on the pavement on the left side of the said road
when facing Osu direction. The first witness for the plaintiff further stated
that when they reached a spot near the P.W.D. Headquarters a car came along
with full speed from behind and knocked down the plaintiff on the pavement.
This witness and the plaintiff emphatically denied that the plaintiff stepped
into the road and was knocked down on the road by the vehicle.<o:p></o:p><o:p>&nbsp;</o:p>In
continuing her evidence, the plaintiff’s first witness said after the plaintiff
had been knocked down, the driver who happened to be the defendant, did not
stop but drove on. So she (the plaintiff’s first witness) shouted to those
groups of persons, who were at that time walking ahead of them, to look at the
registration number of the vehicle, because she (the plaintiff’s first witness)
realised that the defendant was running away.<o:p></o:p>