TANKO vs. SAIBU [1977]DLHC1435

Date	1977-05-10
Suit No.
Citation No.	[1977]DLHC1435

EDWARD WIREDU J.

IBRAHIM MAHAMA FOR THE PLAINTIFF.

R. I. ALHASSAN FOR THE DEFENDANT.

[1977]DLHC1435
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													<main id="main" class="content" style="min-height: 60rem" >TANKO <o:p></o:p>vs. <o:p></o:p>SAIBU <o:p></o:p>[HIGH COURT, TAMALE]<o:p></o:p>[1977]2 GLR 164<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:
10 MAY 1977<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">

IBRAHIM MAHAMA FOR THE PLAINTIFF.<o:p></o:p>

R. I. ALHASSAN 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">

EDWARD WIREDU J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF EDWARD WIREDU J.<o:p></o:p>The
plaintiff is a transport owner living in Gambaga in the Northern Region. Some
time around October 1970 or thereabout the defendant was driven in one of his
vehicles as a passenger for reward travelling from Gambaga to Nalerigu. In the
course of the journey the said vehicle ran into a ditch causing serious injury
to his right forearm which was later amputated.<o:p></o:p><o:p>&nbsp;</o:p>On or
about 1 May 1972, he commenced an action in this court claiming damages against
the plaintiff under the Civil Liability Act, 1963 (Act 176). On 18 April 1975
he obtained judgment in the sum of ¢12,300.00 inclusive of costs against the
plaintiff. To enforce this judgment the defendant went into execution by
causing three of the plaintiff’s vehicles to be seized under a writ of fi. fa.
One of the plaintiff’s vehicles seized under the writ was a seven-ton passenger
vehicle bearing registration No. NG 1795. The evidence shows that the above
vehicle was seized at Gambaga and was being sent down to Tamale when between
mile posts 44 and 45 on the Bolga-Tamale road it broke down and was abandoned
without a guard or a watchman for a disputed number of days.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff, on the evidence, had the vehicle towed to Tamale some time later.
Examination of the vehicle in Tamale later revealed that the engine failed due
to shortage of engine oil. There is evidence that the driver engaged to drive
the vehicle from Gambaga when it was seized observed this shortage of oil in
the engine and had to top it in the course of the journey. The plaintiff caused
the engine to be repaired and has brought this present action against the
defendant for the expenses incurred and loss of use.<o:p></o:p><o:p>&nbsp;</o:p>He
pleaded in paragraphs (2) to (12) of his statement of claim as follows:<o:p></o:p>“(2) The defendant obtained a
judgment of ¢12,300.00 against the plaintiff in a running down case. (3) The
defendant filed a writ of fi. fa. against the plaintiff’s properties including
the plaintiff ‘s seven-ton passenger vehicle No. NG 1795. (4) The defendant and
his servants or agents seized the plaintiff’s said vehicle from the plaintiff’s
driver at Gambaga.<o:p></o:p>(5) While the defendant, his
servants or agents were taking the vehicle to Tamale it broke down between
milestones 44 and 45 on the Tamale-Bolga road. The vehicle was abandoned there
without a guard or watchman for ten days. (6) The breakdown of the vehicle was
due entirely to the negligence of the defendant, his servants or agents.
Particulars of Negligence (i) Driving the vehicle while there was no sufficient
engine oil in the engine. (ii) Putting gear oil in the engine of the vehicle.
(iii) Taking gear oil from the back axle of the vehicle and putting the same in
the engine of the vehicle. (iv) Failing to check the levels of oils in the
vehicle before putting the vehicle on the road. (v) As a result of the
negligence of the defendant, his servants or agents the engine of the vehicle
and other parts were completely destroyed. (vi) While the vehicle was left
unguarded two batteries 12 V (heavy duty), one jack (hydraulic), one set spanners
and one rim which were inside the vehicle were stolen. (vii) The plaintiff on
the permission of the defendant towed the vehicle to Tamale on 21 July 1975 and
repaired the vehicle out of his pocket. (viii) As a result of the negligence of
the defendant, his servant, or agents the plaintiff sustained loss and damage.<o:p></o:p>Particulars of special damage (a)
Cost of the two batteries stolen from the vehicle at ¢360.00 each 720.00 (b)
Cost of one jack at ¢60.00 60.00 (c) Cost of one set spanners at ¢35.00 35.00
(d) Cost of one rim at ¢40.0040.00 (e) Cost of repairs of vehicle and towing
2,250.98 (f) It took the plaintiff between 21 July 1975 and 11 September 1975
to put the vehicle on the road. The plaintiff therefore lost 51 days in the use
of his vehicle. (g) On the average the plaintiff usually earns ¢23.00 per day
for the use of vehicle No. NG 1795. The plaintiff suffered ¢11,730.00 damages
for the loss of use of vehicle No. NG 1795.”<o:p></o:p>