CHARLOTTE MENSAH vs. ADDO KUFFOUR EMMANUEL [2012]DLHC8470

Date	2012-05-10
Suit No.	SUIT NO. C8/76/11
Citation No.	[2012]DLHC8470

HIS LORDSHIP JUSTICE JACOB B. BOON

OSEI OWUSU ANTWI FOR PLAINTIFF

IBRAHIM ADAMS FOR DEFENDANT

[2012]DLHC8470
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													<main id="main" class="content" style="min-height: 60rem" >CHARLOTTE
MENSAH<o:p></o:p>vs.<o:p></o:p>ADDO KUFFOUR
EMMANUEL<o:p></o:p><o:p>&nbsp;</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. C8/76/11&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: 10TH MAY, 2012<o:p></o:p>

</div>COUNSEL:<o:p></o:p>OSEI
OWUSU ANTWI FOR PLAINTIFF<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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IBRAHIM
ADAMS 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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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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</div>The plaintiff herein is a trader and owns Mitsubishi
Diago Saloon car number GR 607-10. She issued the instant writ of summons on
the 4th of May, 2011 claiming against the defendant general and
special damages as a result of the negligence of the defendant that caused
extensive damage to her car and injured her and her daughter. It is not
disputed that defendant owns Honda Civic Saloon car No. GW1752-09. Plaintiff pleaded
and testified as follows:<o:p></o:p><o:p>&nbsp;</o:p>“In
the morning around 9:00 I was driving the Mitsubishi Dingo from Airport
Roundabout towards Aboabo Post Office. All of a sudden, a Honda Civic car which
was over speeding climbed the pavement and hit my car I was driving. The Honda
Civic was being driven by the defendant. I was in the vehicle with my four year
old daughter at the time. We found ourselves at Komfo Anokye Teaching Hospital
because we got injured.”<o:p></o:p><o:p>&nbsp;</o:p>From the pleadings and the evidence, the accident
occurred on 9th August, 2010. According to the plaintiff she and her
daughter were treated and discharged, but her vehicle was badly damaged. She
made a report of the accident to the police. After investigations defendant was
arraigned before the Kumasi Circuit Court and he pleaded guilty to a count of
careless and inconsiderate driving and two counts of negligently causing harm.
The record of that trial was admitted in evidence at this trial. It showed that
defendant was convicted on his own plea on all three counts and sentenced to a
fine of GH¢400.00 on each count, in default to serve two years imprisonment
with hard labour. Sentences were ordered to run concurrently. Thereafter, the
plaintiff approached Vanguard Assurance Company, the insurers of defendant’s
car, for compensation as a result of her injuries and that of her daughter, and
the damage to her car. According to her, the insurance company paid her a total
of GH¢ 1,000.00 which is the limit of the contract it had with the defendant.
The company then wrote to the defendant informing him it had discharged its
obligation under the third party insurance policy between them and advised the
defendant to make the necessary arrangements to settle any outstanding bills
with the plaintiff. The letter from the insurers to the defendant is in
evidence as exhibit ‘H’.<o:p></o:p><o:p>&nbsp;</o:p>It is relevant to indicate that the defendant filed a
defence through his lawyer to the action, in which he pleaded contributory
negligence on the part of the plaintiff. He and his lawyer however stopped
coming to court after the directions were taken. They assigned no reason for
their absence. Plaintiff was therefore given the chance to testify in support
of her case. She did so and called one witness, the mechanic who fixed her
damaged car. He testified that he prepared the estimates for plaintiff in
respect of her damaged car, and three months later plaintiff provided the funds
and he fixed the car. He identified exhibit ‘C’ as containing the parts of the
vehicle that were replaced and the total amount of money paid by the plaintiff.
The total sum of money as per exhibit ‘C’ is GH¢ 6,500.00.<o:p></o:p><o:p>&nbsp;</o:p>In addition to the expenses claimed by the plaintiff for the
repairs of her damaged vehicle, she also made a claim of GH¢50.00 a day as
transport fares she paid in the course of her daily activities as a trader
whilst her damaged vehicle was under repairs. In this regard, she prayed for an
amount of GH¢4,500.00 representing a period of three months.<o:p></o:p><o:p>&nbsp;</o:p>Now, the admission in evidence of the criminal conviction
operated as prima facie evidence in favour of the plaintiff and shifted the
burden on the defendant to rebut that presumption. The Court of Appeal
explained this principle in Adom v Ntow (1992-1993) GBR160 where the trial
judge in a running down case admitted in evidence the plea of guilty of an
offending driver, it said at page 1605, headnote (5) that:<o:p></o:p>