PATRICK OWUSU FORDJOUR vs. DANIEL ADJEI [2012]DLHC8225

Date	2012-11-26
Suit No.	SUIT NO.C12/28/10
Citation No.	[2012]DLHC8225

HIS LORDSHIP JUSTICE JACOB B. BOON

KWAKU AYENSU OPARE-ADDO FOR PLAINTIFF

VICTOR WALENKAKI FOR DEFENDANT.

[2012]DLHC8225
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													<main id="main" class="content" style="min-height: 60rem" >PATRICK OWUSU
FORDJOUR<o:p></o:p>vs.<o:p></o:p>DANIEL ADJEI<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;
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SUIT
NO.C12/28/10&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:
26TH NOVEMBER, 2012<o:p></o:p>

</div>COUNSEL:<o:p></o:p>KWAKU
AYENSU OPARE-ADDO 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">

VICTOR
WALENKAKI FOR 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;
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<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-indent:
0cm;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">HIS
LORDSHIP JUSTICE 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;
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<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;text-indent:0cm;line-height:115%;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>The plaintiff owns
and drives Fiat Tempra taxi cab with registration number ER 710 X. He asserted
that on the 13th February, 2010, around midday, whilst driving the
taxi cab he stopped at a spot on the Konongo-Agogo road to pick a passenger
when the defendant negligently drove an Opel Vectra saloon car number AS 2942 Z
at top speed into the parked taxi cab. It is alleged by the plaintiff that the
impact on and damage of his taxi cab was so great that it was declared by an
officer of the Inter-City S.T.C. and in the police accident report of the
accident, exhibit ‘A’ as a write-off.<o:p></o:p><o:p>&nbsp;</o:p>The officer, one
Abraham Aidoo, who described himself as a technician at the Inter-City S.T.C
Company was called as a witness by the plaintiff. He was the second witness
called by the plaintiff and he tendered a document in evidence as exhibit ‘C’
in which he commented that as a result of the accident, plaintiff’s vehicle was
“mangled beyond repairs”. Plaintiff then instituted the instant action claiming
general and special damages against the defendant. Indeed, he claimed a total
of GH¢10, 400.00 representing loss of income for one hundred and thirty eight days
at GH¢15.00 a day, and GH¢8,000.00 being the value of the taxi cab. <o:p></o:p><o:p>&nbsp;</o:p>It is to be noted
that after the accident, the defendant was arraigned before the Juaso Circuit
Court on a charge of careless and inconsiderate driving. He pleaded guilty and
was convicted and sentenced to a fine of GH¢300.00 or to serve six months in
prison in default of payment. The defendant admitted he was so convicted and
sentenced by the Juaso Circuit Court. However, he denied the accident was
caused through his negligence. In describing the cause of the accident, he led
the following evidence:<o:p></o:p><o:p>&nbsp;</o:p>“In 2010 I was driving my car No. AS 2942 Z from Agogo
towards Konongo and I got to a spot close to my office. I slowed down to branch
to the office. Then the plaintiff who was driving a taxi cab made a U-turn infront
of me. I applied brakes; the brakes failed. My car hit the taxi cab of
plaintiff…”<o:p></o:p><o:p>&nbsp;</o:p>Clearly, the case of
the defendant is that the accident occurred when plaintiff, then driving the
taxi cab, made a sudden U-turn into his lane. The core issue to be resolved in
this trial is to determine the cause of the accident: was it caused as a result
of the defendant negligently driving his car at top speed into the parked taxi
cab of plaintiff or it was as a result of a sudden U-turn made by the plaintiff
without due regard to the approaching vehicle of the defendant. Another issue
is whether or not the taxi cab is a write-off as a result of the accident, and
finally is plaintiff entitled to his claim for special and general damages?<o:p></o:p><o:p>&nbsp;</o:p>At the hearing, plaintiff
testified and called two witnesses. The first was the Inter-City S.T.C
technician already referred to, whilst the second was an Inspector of Police
currently attached to the CID Headoffice in Accra with the Documentation and Visa
Fraud Section. However, at the time of the accident his duty station was
Konongo Police Divisional Headquarters where the accident was investigated. The
witness said he reviewed the investigations after they were initially carried
out by a subordinate officer. In my view, his evidence was not relevant to the
instant action as it concerned basically with matters that should have been
dealt with before the criminal prosecution of the defendant. Defendant called
no witness after his testimony. From the evidence led, no eye witness to the
accident was called.<o:p></o:p>