NTIAMOAH vs. THE REPUBLIC [1987]DLCA789

Date	1987-04-02
Suit No.
Citation No.	[1987]DLCA789

ABBAN JA

OSEI-HWERE JA

WUAKU J.A

N. N. HEWARD-MILLS (WITH HIM R. G. O. HEWARD-MILLS) FOR THE APPELLANT.

MRS. C. ANSON CHIEF STATE ATTORNEY FOR THE REPUBLIC.

[1987]DLCA789
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >NTIAMOAH <o:p></o:p>vs. <o:p></o:p>THE REPUBLIC <o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p>[1987-88] 1 GLR 104<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
2 APRIL 1987<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">

N. N. HEWARD-MILLS (WITH HIM R. G. O.
HEWARD-MILLS) FOR THE APPELLANT. <o:p></o:p>

MRS. C. ANSON, CHIEF STATE ATTORNEY, FOR THE
REPUBLIC.<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, OSEI-HWERE AND WUAKU JJ.A<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF WUAKU J.A.<o:p></o:p>Wuaku
J.A. delivered the judgment of the court. The appellant was arraigned before
the District Court, Grade I, Kumasi on a charge of careless driving and five
other charges for negligently causing harm. The appellant pleaded not guilty to
the charges; he was tried and found guilty; his appeal to the High Court,
Kumasi was summarily dismissed and now appeals to this court.<o:p></o:p><o:p>&nbsp;</o:p>The
prosecution’s case was that on 7 December 1985 on the Kumasi-Obuasi motor road
the appellant drove a motor vehicle No. W. R. A. 1482, a Benz van, without due
care and attention whereby in his attempt to overtake a leading vehicle No.
GK4145, the appellant knocked and forced the said motor vehicle No. GK 4145 off
the road; it landed in a ditch, causing damage to the said vehicle and injuries
to the passengers on the said vehicle.<o:p></o:p><o:p>&nbsp;</o:p>The first
prosecution witness said that he was on his way from Kumasi to Dunkwa and on
the way he noticed that a vehicle behind him was trying to overtake him.
Suddenly he heard an impact on his vehicle by the appellant’s vehicle which hit
the side of the first prosecution witness’s vehicle. The vehicle of the first
prosecution witness landed up on his near side in the bush. The first
prosecution witness said the appellant went a little bit ahead and stopped and
when he called the appellant to come to his aid so as to rescue the injured
from his car, the appellant rather jumped into his car and drove off. The first
prosecution witness said that soon after, other vehicles arrived at the scene,
he gave the description of the appellant’s vehicle to a Neoplan driver whom he
asked to chase the appellant and to ask him to come back to his aid.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant admitted that two vehicles indeed came to report his involvement in
the accident to him. The first was by a Peugeot driver and the second was a
Neoplan bus driver, the sixth prosecution witness, who also confirmed his
involvement in the accident; and it was the Neoplan driver who, when he had
overtaken him, reported him to the Obuasi police barrier and had him arrested.<o:p></o:p><o:p>&nbsp;</o:p>The
second and third prosecution witnesses were at the scene of the accident and
saw how the appellant drove. They said that the appellant was driving a vehicle
painted yellow and that their attention was drawn when the driver blew his horn
and they also saw how he was driving. The first and second prosecution
witnesses said that the appellant was attempting to overtake the first
prosecution witness’s vehicle, but when the appellant noticed that there was a
gutter, which from the evidence may be described as a pot-hole, in his lane,
swerved to the lane of the first prosecution witness and knocked the first
prosecution witness’s vehicle off the road into the bush. They confirmed the
first prosecution witness’s story that at first the appellant stopped but later
drove off. At the material time the second and third prosecution witnesses said
that they were bagging cassava by the road side, and that the road was narrow
where the appellant attempted to overtake the first prosecution witness.<o:p></o:p><o:p>&nbsp;</o:p>The
Neoplan driver was one Kofi Adu, the sixth prosecution witness. He said that
when he got to Pakyi No.2 he noticed that a Toyota bus was involved in an
accident. The driver alleged that the accident was caused by a vehicle belonging
to ABU and that it’s registration number was WRA 1492. He chased the appellant
and when he caught up with him, he stopped him but he failed to stop, so he
overtook him and made a report to the police at the Obuasi police barrier. He
went on to say that at the police barrier:<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">“The
accused confessed that it was his vehicle that caused the accid</main>