YAW AGYEI vs. KWAKU ADU GYAMFI [2010]DLHC8266

Date	2010-07-23
Suit No.	SUIT NO C8/87/08
Citation No.	[2010]DLHC8266

HIS LORDSHIP MR. JACOB B. BOON

F.C. KHARSAH FOR PLAINTIFF

HAYFRON-BENJAMIN & CO. FOR THE DEFENDANT

[2010]DLHC8266
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													<main id="main" class="content" style="min-height: 60rem" >YAW AGYEI<o:p></o:p>vs.<o:p></o:p>KWAKU ADU
GYAMFI<o:p></o:p>[HIGH COURT,
KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO C8/87/08&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE:
23RD JULY, 2010<o:p></o:p>

</div>COUNSEL:<o:p></o:p>F.C.
KHARSAH FOR PLAINTIFF<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

HAYFRON-BENJAMIN
&amp; CO. FOR THE DEFENDANT&nbsp;&nbsp;&nbsp;&nbsp; <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:0cm 0cm 1.0pt 0cm">

HIS LORDSHIP MR. JACOB B. BOON<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>In this action the plaintiff claims to be a trader and
farmer, and said he is sixty years old, earning a monthly income of GH¢500.00.
He was a passenger travelling in defendant’s Mazda bus with registration number
AW 482 Q along the Kumasi - Konongo Highway when the said vehicle got involved
in an accident, allegedly through the negligence of defendant’s driver. This
was on the 14th of April, 2005, and the plaintiff sustained injuries
leading to his hospitalization at the Komfo Anokye Teaching Hospital Kumasi,
for sometime. His permanent disability is assessed by the hospital to be 50%.<o:p></o:p><o:p>&nbsp;</o:p>He now claims from the defendant general and special
damages for the injuries he sustained from the accident. The defendant failed
to turn up at the hearing of the suit though served with hearing notice through
registered mail.<o:p></o:p><o:p>&nbsp;</o:p>Meanwhile, in a statement of defence filed on his behalf,
the defendant denied that the accident was caused through the negligence of the
driver. Rather, he put the cause to a latent defect on one of the rear tyres of
the vehicle which blew out in the course of the journey, forcing it to land in
a ditch. He therefore denied that the defendant is entitled to the reliefs he
seeks from the court.<o:p></o:p><o:p>&nbsp;</o:p>Now from the pleadings the foremost issue that arises is
the cause of the accident. Was it caused through the negligence of defendant’s
driver who was in charge of the vehicle at the time of the accident? Another
important issue is whether or not the plaintiff earned an income of GH¢500.00
from his farming and trading activities before the accident. Also to be
considered is the issue whether or not the plaintiff is no longer able to carry
on with his businesses of farming and trading as a result of the injuries he
sustained from the accident. As I said, the central issue is the cause of the
accident, since the other issues may not be relevant if the negligence of the
driver is not proved. <o:p></o:p><o:p>&nbsp;</o:p>Now, plaintiff testified that the accident was as a
result of a rear tyre burst; that this was very close to a town on the Konongo -
Kumasi Highway called Koforidua. He also said that at the time of the accident,
the vehicle was traveling at an excessive speed so when the tyre burst the
driver lost control of it resulting in the accident. He further testified to
the injuries he sustained, and his hospitalization at Komfo Anokye Hospital for
three months, and that he visited the hospital every two weeks after his
discharge to dress his wounds. He also said he could no longer undertake
farming and the food stuffs trade as a result of the accident because his right
hand cannot be used for anything including bathing himself, and he has employed
someone to bath him. In effect, his assertion is that, that hand is now
useless. He further testified that dancing was his hobby, but he is unable to
practice it now because of injuries sustained in the accident. He also led
evidence that he had spent as much as GH¢2,800.00 on medical expenses. He
tendered some receipts to support his claim. He also tendered the police
accident report, and the final medical report issued by the Komfo Anokye
Teaching Hospital as exhibits ‘B’ and ‘C’ respectively. <o:p></o:p><o:p>&nbsp;</o:p>In support of his case, he called a witness who confirmed
that plaintiff was a farmer and their farms shared a common boundary. The
witness said he has not seen the plaintiff on his farm since 2005 when he got
injured. However, the witness did not confirm if the plaintiff was also a
trader in food stuffs and is still carrying on that business.<o:p></o:p><o:p>&nbsp;</o:p>In his pleadings, the plaintiff relied on the doctrine of
res ipsa loquitur as an alternative in proof of his case of negligence on the
part of defendant’s driver. In may opinion, </main>