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ADDAI V. BOAKYE II

(1962) JELR 66658 (HC)

High Court  •  19 Nov 1962  •  Ghana

Coram
APALOO J.

Appearances
ACKUN FOR D.S. EFFAH FOR THE PLAINTIFF; DEFENDANT IN PERSON.

Judgement

APALOO, J.: The facts of this case are entirely free from complexity. I find them to be as follows: The deceased was a farmer and was at the date of his death in his early forties. He was a food farmer on a fairly substantial scale. His wife was Abena Afra with whom he had six children. His wife and children survived him. The defendant is a chief of Ejura and owned, at any rate in July 1961, a private car. Although he said he knew how to drive, he was at the said date unlicensed. The number of the car is given as AN 4251.

About 5 p.m. on the 26th July, 1961, the defendant backed his car in an open space speedily and without looking back. In so doing, he knocked down the deceased who was walking towards the rear of the car. The deceased sustained injuries and died on the way to hospital. I feel no doubt whatsoever that the defendant was negligent and that his negligence resulted in the death of the deceased. It was pleaded in the statement of defence that the deceased was guilty of contโ€ฆ

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