ISAAC K. B. ASIAMAH vs. BRIGHT MORDO, H.T. ADJIRACKOR AND COOPER ENGINEERING WORKS [2008]DLCA6732

ISAAC K. B. ASIAMAH vs. BRIGHT MORDO, H.T. ADJIRACKOR AND COOPER ENGINEERING WO... [2008]DLCA6732

Date	2008-04-03
Suit No.	H1/54/07
Citation No.	[2008]DLCA6732

ASARE KORANG JA [PRESIDING]

QUAYE JA

DOUSE JA

MR. CLARENCE TAGOE FOR 2ND DEFENDANT/APPELLANT.

MR. FRED KWASI AWUAH FOR PLAINTIFF/RESPONDENT.

[2008]DLCA6732
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													<main id="main" class="content" style="min-height: 60rem" >ISAAC K. B. ASIAMAH<o:p></o:p>{PLAINTIFF/RESPONDENT}<o:p></o:p>vs.<o:p></o:p>BRIGHT MORDO, H.T.
ADJIRACKOR AND COOPER ENGINEERING WORKS<o:p></o:p>{DEFENDANTS/APPELLANTS}<o:p></o:p>[COURT
OF APPEAL, ACCRA]<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">

H1/54/07&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 3RD APRIL, 2008<o:p></o:p>

MR.
FRED KWASI AWUAH FOR PLAINTIFF/RESPONDENT.<o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>QUAYE, JA <o:p></o:p>The
facts herein are quite simple.&nbsp; The
pleadings and later, the evidence, show that on 23rd October 1993 at about 4.00
p.m., the plaintiff, as owner of a Sunbeam Taxi-cab with registration number AK
5843, was driving along the 37 Military Hospital/Kotobabi/Achimota highway from
the direction of the 37 Military Hospital.&nbsp;&nbsp;&nbsp;
On reaching a spot at Dzorwulu, a Peugeot, 504 Saloon car with
registration number GZA 4843 bumped into the rear of the Sunbeam taxi cab with
such force that the taxi-cab somersaulted a few times, and the resulting damage
rendered the taxi cab uneconomic to repair.&nbsp;
At the material time of the accident, the Peugeot 504 Saloon car was
driven by the 1st defendant, Bright Mordo.&nbsp;
The owner of the said vehicle was the 2nd defendant/appellant
herein.&nbsp; The accident was investigated by
the Police at Nima, Accra and the 1st defendant/driver of the Peugeot 504
Saloon was prosecuted in the District Court Grade I, James Town Mantse Palace
where he was found guilty, convicted on four counts of careless driving,
negligently causing harm, failing to renew Insurance Policy and driving without
owner’s authorization.&nbsp; He was duly
sentenced. <o:p></o:p>The
plaintiff/respondent herein, subsequent to the criminal trial of the 1st defendant/driver,
commenced a civil action in the Circuit Court, Accra, to claim from the three
defendants jointly and severally the relief endorsed on the amended writ filed
on 14th August 2001 to wit: <o:p></o:p>(a)&nbsp; ¢4,470,000.00 special damages being loss of
revenue Plaintiff has suffered from 23rd October 1993 up to date that is 745
days at ¢6,000.00 per day. <o:p></o:p>(b)&nbsp; Interest on the said sum of money at the
prevailing bank rate from 23rd October, 1993, up to and inclusive of the date
of payment. <o:p></o:p>(c)
General Damages for negligence. <o:p></o:p>(d)
An order for the payment of the current replacement value of the Plaintiff’s
vehicle damaged beyond repairs as a result of the accident. <o:p></o:p>After
the trial, the claims of the Plaintiff were upheld, and consequently, judgment
was entered in his favour.&nbsp; Of the three
defendants in the trial court only the 2nd defendant, the owner of the
offending Peugeot Saloon car felt dissatisfied with the judgment, hence the
herein appeal wherein as many as nine grounds were filed and argued. <o:p></o:p>The
grounds of the appeal are:— <o:p></o:p>(a)&nbsp; The judgment is against the weight of
evidence. <o:p></o:p>(b)&nbsp; The learned trial judge erred in holding that
the 1st Defendant was the servant of the 2nd Defendant. <o:p></o:p>(c)
The learned trial judge erred in holding that the 2nd Defendant was vicariously
liable to the Plaintiff for any damages suffered by him. <o:p></o:p>(d)
The learned trial judge erred in holding that the 2nd Defendant was vicariously
liable to the Plaintiff for the accident which occurred on 23rd October 1993. <o:p></o:p>(e)
The learned trial judge erred in the award of General Damages of Twenty Million
Cedis (¢20,000,000.00) to the Plaintiff against the 2nd Defendant which award
is excessive. <o:p></o:p>(f)&nbsp; The learned trial judge erred in the award of
Five Million Cedis (¢5,000,000.00) to the Plaintiff against the 2nd Defendant
as the said award of costs is excessive. <o:p></o:p>(g)
The learned trial judge erred in the award to the Plaintiff of Special Damages
(loss of earnings) of ¢6,000.00 a day for ninety days since the learned trial
judge held that the Plaintiff failed to prove the said Special Damages. <o:p></o:p>(h)&nbsp; The learned trial judge erred in the award of
interest on the said Special Damages at the current bank rate from 23rd October
1993 to the date of final payment. <o:p></o:p>(i)
The learned trial judge erred in the award to the Plaintiff of Twelve Million
Cedis (¢12,000,000.00) as the replacement value of the Plaintiff’s vehicle. <o:p></o:p></</main>