ADJEI V. YEBOAH AND ANOTHER

DJABANOR J.: The plaintiff’s claim was against the first and the second defendants jointly and severally for £G3,000 damages for personal injuries to the plaintiff caused by the first defendant, a servant of second defendant on the 6th July, 1960, while negligently driving the second defendant’s lorry No. AN 4947 on the Kumasi-Tamale motor road.

The first defendant in his statement of defence denied that he was negligent and put the blame for the accident on the driver of the water supplies lorry, No. WE 5255, charging the said driver with negligently and suddenly coming across the road thus confronting him, the first defendant, head on in circumstances in which no reasonable amount of care could have prevented a collision.

The first duty of the plaintiff was therefore to prove that the first defendant was negligent. This he set out to do, in my view successfully. He said he was a passenger in the first defendant’s lorry from Kumasi to Tamale. Before the accident the driver, the first d…