DJABANOR J.: The plaintiff is the owner of Bedford commercial lorry No. CP 8268, driven by his driver Awudu Ramain, and the first defendant is the owner of Mercedes Benz cargo truck No. AN 9483 and the employer of Kwame Eduaful—the driver of the said cargo truck. On 1 November 1963 there was an accident at mile 29 on the Sekondi—Cape Coast road involving these two vehicles, and this action has been brought by the plaintiff against the first defendant and the driver of the vehicle, charging that the accident was caused by the negligence of the second defendant, and claiming damages therefor.
The first issue, naturally, is whether or not the accident was caused by the negligence of the second defendant. The facts which are not disputed are that because of a flattened tyre, the driver of the plaintiff parked his vehicle on his proper side of the road in order to change the tyre. Shortly afterwards the second defendant who was driving in the same direction as the plaintiff’s driver towards…