ARUBA AND ANOTHER V. ABOAGYE

ARCHER J.: This is an appeal form a judgment delivered at the Circuit Court, Cape Coast, on 30 July 1964. The facts of the case in a nutshell are as follows: On 16 March 1963, the plaintiff was driving his taxi on the Accra-Takoradi motor road and on reaching a village about one-and-a-half miles to Saltpond, a Bedford truck driven by the second defendant and owned by the first defendant’s which was parked behind another truck in a lay-by, shot onto the road in the path or lane of the plaintiff. To avoid collision, the plaintiff applied his brakes and swerved to his right to avoid the Bedford truck and in so doing, his taxi landed in a ditch. The learned circuit judge awarded damages in favour of the plaintiff.

The defendants to whom I shall now refer as first and second appellants have appealed from the said judgment on the grounds that the judgment was against the weight of the evidence because no negligence was proved against either the first appellant or the second appellant and tha…