MAXWELL LTD. vs. THE REPUBLIC [1977]DLHC1358

Date	1977-07-29
Suit No.
Citation No.	[1977]DLHC1358

TAYLOR J.

R. K. TAY FOR THE APPELLANT.

MISS OKINE ASSISTANT STATE ATTORNEY FOR THE REPUBLIC.

[1977]DLHC1358
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													<main id="main" class="content" style="min-height: 60rem" >MAXWELL LTD. <o:p></o:p>vs. <o:p></o:p>THE REPUBLIC <o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>[1977]1 GLR 336<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:
29 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">

R. K. TAY FOR THE APPELLANT.<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">

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

</div><o:p>&nbsp;</o:p>JUDGMENT OF TAYLOR J.<o:p></o:p>On 23
January 1975, at the District Court Grade I, Mampong—Akwapim, Messrs. R.
Maxwell Ltd., a limited liability company, registered under the Companies Code,
1963 (Act 179), stood trial for the following offence contained in one count of
a charge sheet:<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">“STATEMENT
OF OFFENCE Impediment in a public highway: section 296 (17) of the Criminal
Code, 1960 (Act 29). PARTICULARS OF OFFENCE Messrs. R. Maxwell Ltd.,
contractors: For that you on 14 October 1974 between mile posts 14 and 15 on
the Accra—Aburi motor road in the Eastern Magisterial District and within the
jurisdiction of this court, while engaged for the repairs of the said road, did
leave heaps of gravel on the road without the consent of the Engineer-in-Chief
of Public Works to the obstruction and danger to other users of the said road.”<o:p></o:p><o:p>&nbsp;</o:p>The facts
which gave rise to this charge are that Messrs. Maxwell Ltd., has a contract
for the improvement and resealing of the Accra—Aburi road between miles 9 and
15. The contract entered into on 15 May 1974 is between the Government of Ghana
acting by the Public Works Department and Messrs. Maxwell Ltd. The contract
document was tendered in evidence as exhibit 5. Under paragraph (7) of the
articles of agreement with the Public Works Department, stockpiling of gravel
on the road is provided for as follows: “The
contractor will be allowed to stockpile gravel on the road in advance of works
for not more than three miles nor to a greater extent than he can spread and
consolidate in three days whichever is the lesser.” Under paragraph (14) of the
agreement it is also provided inter alia as follows: “The contractor shall
provide notice boards to be placed at either end of the work or stockpiling
indicating that work is in progress.”<o:p></o:p>On 14
October 1974 at about 10 a.m. in performance of their obligation under the
contract, Messrs. Maxwell Ltd. did work on the road by their labourers and
other workers. On the instructions of the assistant foreman of the company who
gave his evidence in Twi and his statement to the police in pidgin English, the
labourers stockpiled four trips of gravel on the right side of the road in the
direction of Aburi at mile fourteen near the village of Oyarifa. The gravel
could not be spread before the workers closed at about 6.00 p.m. According to
the assistant foreman of the company, two sign boards were put, one ten feet
away and another 27 feet from the last heap of gravel. On the same day at about
7.30 p.m. a Mercedes Benz car No. GM 2535 in which its owner, Professor
Bentsi-Enchill, and two others were travelling from Aburi to Accra mounted the
heaps of gravel and somersaulted causing serious injuries to the inmates
including Professor Bentsi-Enchill. Professor Bentsi-Enchill later died on 21
October 1974 as a result of the injuries he thus received. According to the
driver of the Mercedes Benz he saw an oncoming vehicle in his proper lane, the
vehicle was apparently travelling on the wrong lane no doubt because the heaps
of gravel were on its proper lane. It was in the night and the oncoming vehicle
had its headlights on. In order to avoid a head-on collision, the driver of
Professor Bentsi-Enchill’s Mercedes Benz, left his proper lane and swerved to
the wrong lane where the gravel had been stockpiled. Naturally it mounted the
gravel resulting in the accident. After the accident, the two sign boards were
not found at the scene presumably because it was dark and were probably covered
by gravel. Later, many days after the accident, the sign boards were found
covered with gravel. The question of whether sign boards were put or not was
exhaustive canvassed by the learned district magistrate who made a dubious
finding that there were no sign boards found on the scene although the police
found a sign board later and prosecution witnesses gave evidence as to the
finding.<o:p></o:p><o:p>&nbsp;</o:p>Be that
as it may, it is upon these facts that Messrs. R. Maxwell Ltd., were charged
with the offence of causing an impediment on a public highway contrary to
section 296 (17) of the Criminal Code, 1960 (Act 29).<o:p></o:p>The
section provides 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">“296.
Whoever does any of the following acts shall be liable to a fine not exceeding
fifty pounds, namely—.<o:p></o:p>