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(1966) JELR 67903 (SC)

Supreme Court  •  13 Jun 1966  •  Ghana



OLLENNU J.S.C.: The appellant, who will henceforth be referred to as the plaintiff, a motor driver by trade, was knocked down at Kumasi, on 1 September 1960, by a motor vehicle owned by the respondent, hereinafter referred to as the defendant; the accident resulted in the amputation of his two legs leaving a short stump in each case. He attributed the cause of the accident to the negligence of a driver of the defendant, then in charge of the defendant’s vehicle; the plaintiff accordingly instituted these proceedings claiming £G15,000 damages. Service of the writ of summons with a statement of claim attached thereto, was effected upon the defendant, but not upon his driver. The defendant entered appearance but defaulted in filing a statement of defence within the statutory period, and the plaintiff thereupon obtained an interlocutory judgment against him. Although he obtained leave to file a statement of defence out of time and did file one, the defendant eventually elected not to proc…

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