BAIDEN vs. ANSAH [1974]DLCA2260

Date	1974-07-30
Suit No.
Citation No.	[1974]DLCA2260

LASSEY JA

SOWAH JA

FRANCOIS J.A.

ANNANCY (HUGHES WITH HIM) FOR THE APPELLANT.

P.A. ADJETEY (AMUA-SEKYI WITH HIM) FOR THE RESPONDENT.

[1974]DLCA2260
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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:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">BAIDEN <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:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">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:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">ANSAH <o:p></o:p>[COURT OF APPEAL,
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;[1974] 2 GLR 407<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:
30 JULY 1974.<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">

ANNANCY
(HUGHES WITH HIM) FOR THE APPELLANT.<o:p></o:p>

P.A.
ADJETEY (AMUA-SEKYI WITH HIM) 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">

LASSEY, SOWAH AND FRANCOIS JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF SOWAH J.A.<o:p></o:p>This is
an appeal from the judgment of the High Court, Sekondi, whereby the court
entered judgment for the plaintiff and awarded very substantial damages for
damage to his vehicle and consequential loss of earnings from the date of the
accident to the day the learned judge delivered his judgment.<o:p></o:p><o:p>&nbsp;</o:p>The
essential facts of the case appear to be by themselves quite simple, but these
have been complicated by a number of incidents not directly concerned with the
accident. On 28 January 1971 the plaintiff’s vehicle No. WR 8691 driven by his
servant, Peter Kingsley Cromwell, was involved in a collision with the
defendant’s vehicle No. WR 5010, on a curve near Gomoa Assin on the
Accra-Takoradi road; the vehicles were being driven in opposite directions and
the time of the accident was 10.00 p.m. There were in the plaintiff’s vehicle,
the driver, a mate and a passenger, the latter two sitting in front and
alongside the driver. After the collision the occupants of the plaintiff’s
vehicle got out, only to find that the driver of the other vehicle had died.
They found no other person in that vehicle. A report was made to the nearest
police post and soon after policemen arrived at the scene that night.<o:p></o:p><o:p>&nbsp;</o:p>In the
action which followed, the plaintiff alleged that the cause of the collision
was the negligence of the defendant’s deceased driver, and pleadings followed
the usual pattern in these cases. The defendant denied negligence and pleaded
that the accident was caused by the fault of the plaintiff’s driver and gave
particulars of the alleged fault; further counterclaimed. Issues were
accordingly joined as to whose negligence caused the collision. The plaintiff
relied for his case on the evidence of his driver and the persons with him in
the vehicle. The driver’s story is short and the important part of it may with
profit be reproduced herein:<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">“When I
was nearing Gomoa Assin I saw another vehicle coming from the opposite
direction. I dipped my lights. The other vehicle had on its full lights. I saw
the light was travelling towards me. I then parked on the nearside of the road.
I then fell in my vehicle. Then the other vehicle hit my vehicle. I had to pass
the other side to get out of my vehicle. The two persons sat in the front with
me. We all got out and thought the other vehicle had gone. We saw people coming
from the village. The other vehicle stopped about ten yards away from me. The
other driver sat in the vehicle. His side was damaged. We called for him but he
did not answer. We forced the door open and found the driver dead. He was
alone.”<o:p></o:p>&nbsp;<o:p></o:p>(The
emphasis is mine.)<o:p></o:p>His
evidence was in a great measure supported by his mate and the passenger though
they provided several embellishments to it, examples of which were that when
the driver stopped he hooted his horn apparently to warn the other driver; the
latter himself never gave such evidence. The passenger also said that he first
sighted the vehicle some 150 yards away and that after the accident, the
vehicle stopped about 75 yards away from their vehicle. The other witnesses
could not tell the distances when they first saw that vehicle for the simple
reason that it is always difficult to give such distances at night especially
with lights dazzling from the opposite direction.<o:p></o:p><o:p>&nbsp;</o:p>