IVANOV vs. SPEEDY TRAVEL AND TOUR LTD. AND ANOTHER [1974]DLHC2289

Date	1974-07-25
Suit No.
Citation No.	[1974]DLHC2289

ABBAN J.

K.S. P. JANTUAH FOR THE PLAINTIFF.

J. ALLOTEI-COFIE FOR THE DEFENDANTS.

[1974]DLHC2289
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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">IVANOV <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">SPEEDY TRAVEL AND TOUR LTD. AND ANOTHER<o:p></o:p>&nbsp;[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;[1974] 2 GLR 227<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:
25 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">

K.S. P.
JANTUAH FOR THE PLAINTIFF.<o:p></o:p>

J.
ALLOTEI-COFIE FOR THE DEFENDANTS.<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>This is a
running down case and the plaintiff is claiming damages for the physical
injuries which he sustained in the accident.<o:p></o:p>It may be
noted that judgment in default of appearance was entered for the plaintiff by
Griffiths-Randolph J. and damages were assessed and awarded against the
defendants on 30 April 1973. But on the application of the defendants, the
learned judge on 30 May 1973, set aside his said judgment. The defendants were
then granted leave to enter appearance and file their defence out of time; and
at the summons for directions stage the said learned judge ordered that the
case should be heard by another judge.<o:p></o:p><o:p>&nbsp;</o:p>On 15 May
1972, the plaintiff walked along Kimbu Road, Accra, from the direction of the
Ministries towards the head office of the State Insurance Corporation which was
the plaintiff’s destination. The plaintiff said the pavement on his left-hand
side of the road, facing the direction of the State Insurance Corporation, was
at that time very crowded. People were selling on it, and it was impossible for
pedestrians to walk on that pavement. The plaintiff therefore walked in the
roadway about two feet from the edge of the said pavement. The plaintiff was
going to transact some business at the head office of the State Insurance
Corporation and was in the company of one Mr. Ohene. Mr. Ohene was also walking
in the roadway but at some distance in front of the plaintiff. When the
plaintiff got to the entrance of the Public Works Department yard which was
near the said road, a car came from behind and ran into the plaintiff.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff fell down and as a result he sustained serious head injuries. He
became unconscious and was rushed to the Korle Bu Teaching Hospital where he
was admitted. The plaintiff alleged that before he was knocked down by the car,
he was walking straight and did not attempt to cross the road. He did not also
hear any noise which indicated that a car was applying its brakes, neither did
the driver of the said car blow his horn.<o:p></o:p><o:p>&nbsp;</o:p>The
second defendant was the driver of the vehicle in question. In his evidence,
the second defendant said at the material time he was the servant of the first
defendant and that he had been sent by the first defendant to convey certain
persons from the State House to the Accra lorry park near Kimbu Road. Those
persons were going to buy food at the said lorry park and the second defendant
had been instructed to take them back to the State House after they had bought
the food in question. The second defendant averred that while driving along
Kimbu Road and before he reached the lorry park, he heard a noise coming from
the left front door of the car. The second defendant stopped; and as a result
of what he was told by the person who was sitting near the second defendant in
the front seat, the second defendant alighted from the car. He then saw the
plaintiff lying on the road just at the junction near the Public Works
Department entrance. With the help of those in the car, the plaintiff was lifted
into the second defendant’s car and was sent to the Korle Bu Teaching Hospital.<o:p></o:p><o:p>&nbsp;</o:p>The
second defendant then reported the accident to the Motor Traffic Unit which was
not far from the scene of the accident; and a police constable, called John
Addae, was detailed to go along with the second defendant t</main>