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ABEKA V. AMOA AND ANOTHER

(1973) JELR 63697 (HC)

High Court  •  20 Feb 1973  •  Ghana

Coram
EDWARD WIREDU J.

Judgement

EDWARD WIREDU J.: On 13 February 1970, the plaintiff as an administrator of the estates of Ama Kate Gyedua and Kofi Yesu both late of Agona Nsaba issued out of this court a writ of summons claiming damages from the defendants for and on behalf of the dependents of the deceased who were killed in a motor accident involving a vehicle owned by the second defendant which at the material time of the accident was under the control and management of the first defendant. In his supporting statement of claim the plaintiff pleaded as follows:

“(1) The plaintiff is the administrator of the estates of Ama Kate Gyeduah and Kofi Yesu both deceased of Agona Nsaba, and he sues for and on behalf of the estates of the deceased persons.

(2) The first defendant was the driver and servant at all material times of the second defendant. The second defendant was the master of the first defendant at all material times.

(3) On 13 February 1967 the first defendant was driving vehicle No. GE 6148 belonging to the…

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