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(1962) JELR 67900 (HC)

High Court  •  1 Oct 1962  •  Ghana



APALOO J.: In this action the plaintiff claims damages against the defendants for injuries sustained by him in a motor accident which occurred at Kumasi on the 1st September, 1960. The plaintiff claims that the accident occurred as a result of the negligent driving of the second defendant who was the servant and agent of the first defendant. In view of the events which I will relate, the only matter left for determination is the quantum of damages to which the plaintiff is entitled.

The writ in this case issued on the 17th February, 1962. To it was attached a statement of claim. The record shows that these were served on the first defendant on the 19th February, 1962. He entered no appearance and filed no statement of defence. Accordingly, on the application of the plaintiff, I entered interlocutory judgment in his favour against the first defendant on the 30th April, subject to the assessment of damages on the 8th May. The second defendant has not been served with the writ, attempts t…

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