DZAMBOE vs. MARK [1980]DLHC1575

Date	1980-03-04
Suit No.
Citation No.	[1980]DLHC1575

CECILIA KORANTENG-ADDOW J.

CLETUS AMOAH FOR THE PLAINTIFF

C. A. LOKKO FOR THE DEFENDANT

[1980]DLHC1575
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													<main id="main" class="content" style="min-height: 60rem" >DZAMBOE <o:p></o:p>vs. <o:p></o:p>MARK<o:p></o:p>[HIGH COURT, ACCRA] <o:p></o:p>[1980] GLR 350<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:
4
MARCH 1980<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">

CLETUS AMOAH FOR THE PLAINTIFF<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">

CECILIA KORANTENG-ADDOW J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF CECILIA KORANTENG-ADDOW J.<o:p></o:p>This is a
claim for general damages for personal injuries sustained by the plaintiff in a
collision between his Honda motor-cycle and the defendant’s car. The collision
occurred on 26 April 1974 at 6 p.m. The plaintiff’s case is that he was riding
from Legon along the road linking Legon with Achimota School towards Achimota.
At the main junction to Christian Village, he rode past it, but attempted to
turn right at the second junction which is about 150 metres from the other
junction. In the act of turning, the defendant came from behind and collided
into him. The defendant was attempting to overtake the motor-cycle. The
plaintiff suffered a compound fracture of the right tibia and fibula which took
ten months to heal.<o:p></o:p><o:p>&nbsp;</o:p>The
defendant’s case is that on the same day and time he was driving from Legon
along the same road and in the same direction. He saw the plaintiff as soon as
he came out of a bend to a straight stretch of the road which stretches for a
distance of about 300 metres to the Christian Village junction. The defendant
followed the motor cycle along this straight stretch of the road to the
Christian Village junction. The plaintiff rode past the junction without
evincing any intention to turn right. The defendant then decided to overtake.
He sped up and caught up with the plaintiff, while gradually shifting to the
right lane. At the time, Ghana drove left. When he was about a metre to the
plaintiff the latter swerved right, suddenly and by reflex action, he also swerved
right to avoid him but he could not do so completely. As the defendant was
already in the right lane the motor-cycle came along and collided into the
front left mudguard of the car. The handle of the Honda was trapped between the
mudguard of the car and the tyre, so by the time the car came to a complete
stop the Honda had been dragged for a short distance. The plaintiff was thrown
off the Honda by the impact, but the Honda dropped on the road. Later it was
carrie off the road and placed at the roadside. The plaintiff himself was lying
prostrate on the road. The defendant sought and obtained assistance from two
people who came to the scene and they put the plaintiff in his car, and took
him to the Korle-Bu Teaching Hospital where he was admitted for treatment. Then
he reported the accident at the Tesano Police Station and an officer was
detailed to go to the scene of the accident with him. The police officer made a
plan which was tendered in this case as exhibit B.<o:p></o:p>There was
so much controversy about the nature of the road into which the plaintiff
intended to turn. Therefore it became necessary for the court to visit the
scene of the accident. There are two turnings from the main Legon-Achimota
link, into Christian Village. These turnings are linked together by a
semi-circular loop which joins the two ends of the roads. The side of the
circular-loop near the turning at the Legon end of the road, opens into the
road leading to Christian Village. The nature of these turnings are such that
the one at the Legon end of the road leads directly into the village, so that
coming from Legon, the most reasonable course a person intending to go to the
village would take, would be to turn at the first entrance. If one misses the
first turning, and turns at the second, he would have to drive backwards along
the loop which runs almost parallel to the main road to join the road from the
first junction before actually entering the Christian Village road. The road at
the second turning was narrow and bushy, on both sides. It turns acutely from
the Legon end of the road.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff’s witnesses maintained that by usage and custom of the people, the
first junction is regarded as an exit from the village, and the second junction
as the entrance to it. There are no traffic sign posts to give such directions
and the road from both turnings are untarred. Both parties conceded that the
second turning was a bushy path of about six feet wide at the time of the
accident. The road, as the court saw it, had been widened and resurfaced. But
the first junction has always been regarded as the main entrance to the
village. Even with the facelift given to the road from the second junction, the
first junction still stands out as the main entrance to the village. The second
junction is not quite visible from the Legon end of the road, one gets to it
before one is aware there is a turning. The impression I formed was that it
would be easier and more reasonable for intending travellers to Christian
Village from the Legon end to turn at the first junction. The inference I make
of the plaintiff’s conduct is that he missed the first turning and tried to
make it at the second. I do not believe that he deliberately went past the
first turning because it was by custom plied on as a one-way traffic road for
vehicles making their exit from the village.<o:p></o:p><o:p>&nbsp;</o:p>