DE GRAFT JOHNSON AND ANOTHER vs. GHANA COMMERCIAL BANK (GUARDIAN ROYAL EXCHANGE ASSURANCE LTD., THIRD PARTY) [1977]DLHC1306

DE GRAFT JOHNSON AND ANOTHER vs. GHANA COMMERCIAL BANK (GUARDIAN ROYAL EXCHANG... [1977]DLHC1306

Date	1977-07-20
Suit No.
Citation No.	[1977]DLHC1306

EDUSEI J.

DR. EKOW DANIELS FOR THE PLAINTIFFS.

E. D. KOM FOR THE DEFENDANTS.

C. A. LOKKO FOR THE THIRD PARTY.

[1977]DLHC1306
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													<main id="main" class="content" style="min-height: 60rem" >DE GRAFT JOHNSON AND ANOTHER <o:p></o:p>vs. <o:p></o:p>GHANA COMMERCIAL<o:p></o:p>BANK (GUARDIAN ROYAL EXCHANGE ASSURANCE LTD., THIRD PARTY) <o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>[1977] 1 GLR 179<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 JULY 1976<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">

DR. EKOW DANIELS FOR THE PLAINTIFFS.<o:p></o:p>

E. D. KOM FOR THE DEFENDANTS.<o:p></o:p>

C. A. LOKKO FOR THE THIRD PARTY.<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">

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

</div><o:p>&nbsp;</o:p>JUDGMENT OF EDUSEI J.<o:p></o:p>The
plaintiffs as personal representatives of one K. M. Eyeson are claiming damages
for the benefit of his estate as well as of his dependants including the second
plaintiff.<o:p></o:p><o:p>&nbsp;</o:p>The deceased,
K. M. Eyeson, was the branch manager of Ghana Commercial Bank, Sunyani, and he
also acted as area manager for the Brong-Ahafo Region. On 7 September 1970 he
received telephone instructions from the Head Office of the Ghana Commercial
Bank in Accra that he should proceed to Teppa to check the accounts of the
Ghana Commercial Bank in that town, close it and collect the keys and take them
back to his office in Sunyani.<o:p></o:p><o:p>&nbsp;</o:p>A
contractor, however, had been awarded a contract to fell all trees along-side the
Bechem-Goaso road. The employees of the contractor were engaged between
milestones 51 and 52 felling trees near Brosankro under traffic guards with
warning flags at each end to warn motorists on their approach to the section.
Mr. Eyeson was returning in a Ghana Commercial Bank landrover vehicle No. GL
9331 when at a certain point on the road the guard at that end signalled the
driver with a red flag to stop as one of the big trees was about to fall. The
driver ignored the signal, and in his bid to pass through the section the
vehicle was trapped and Mr. Eyeson and the driver were killed on the spot. The
driver by name Pobee was the servant of the Ghana Commercial Bank, the
defendants. These facts of the accident are contained in the police report,
exhibit A, which was let in evidence without any objection. Indeed, the
defendants do not, as their counsel stated in his address, seriously contest
liability.<o:p></o:p><o:p>&nbsp;</o:p>The
defendants had a policy of insurance covering their fleet of vehicles which
included landrover No. GL 9331, and since their insurers Guardian Royal
Exchange Assurance (Ghana) Ltd., were not prepared to indemnify them the said
insurance company was brought into the suit as a third party. However, it is
quite clear from the evidence as revealed by exhibit A that the driver of the
defendants’ landrover No. GL 9331 was negligent in the circumstances; he was
the cause of death of Mr. Eyeson and himself, and the defendants are therefore
vicariously liable to the plaintiffs.<o:p></o:p><o:p>&nbsp;</o:p>I now
come to consider the question of damages. Mr. Eyeson who was a manager of the
bank was in receipt of ¢4,040.00 per annum and his prospects of promotion were
bright if consideration is given to the fact that as a branch manager at
Sunyani he also acted as an area manager for the Brong-Ahafo Region. By his
death, his wife, the second plaintiff, his four children as well as his aged
mother, Madam Emma de Graft Johnson have lost their means of support. His
children are: (1) William, aged twelve years, (2) Joseph Nana Benyin aged
eleven years, (3) Daniel Papa Kwesi aged ten years and Kate Mame Afua aged
eight years. His mother is aged 70 years. According to the wife his husband
made monthly contributions of ¢120.00 for her upkeep whereas he also paid his
children’s school fees, and one of them, William, is still attending Osu
Presbyterian Boarding School. By the death of her husband these expenses
including expenditure on clothing have now become her responsibility. It does
seem that as regards the maintenance of Madam Emma de Graft Johnson, her other
son, Justice Eyeson, also makes contribution and she cannot be said to have
wholly lost her means of support though I appreciate that her monthly
maintenance allowance will not be the same as before.<o:p></o:p><o:p>&nbsp;</o:p></s</main>