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(1966) JELR 66485 (HC)

High Court  •  22 Jun 1966  •  Ghana



BAIDOO J.: I believe the evidence of the plaintiff that on 2 March 1962 as he was travelling from Senchem on his motor vehicle No. AN 1748 the defendant’s timber truck No. AN 7807 loaded with timber logs and travelling in the same direction towards Kumasi at a terrific speed tried to overtake his, the plaintiff’s vehicle which was then loaded with some 22 passengers, the plaintiff’s vehicle being a one and half ton Bedford commercial lorry. According to the plaintiff the incident happened near Potrikrom about 27 miles from Kumasi at a portion of the road which was so narrow that the defendant’s driver should not have attempted to overtake the plaintiff’s vehicle at all, but the defendant’s driver negligently drove on at a terrific speed and as he was about to overtake the plaintiff’s vehicle, the defendant’s driver so recklessly drove the defendant’s timber truck that an iron bar fixed on the timber truck hooked the plaintiff’s vehicle which was thereby pushed with great force into th…

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