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BORKETEY V. ACHINIVU AND OTHERS

(1966) JELR 67928 (SC)

Supreme Court  •  31 Jan 1966  •  Ghana

Coram
SARKODEE-ADOO C.J ,APALOO JSC,SIRIBOE J.S.C.

Judgement

APALOO J.S.C.: At about 10 p.m. on 14 November 1959 a collision occurred between an Oxford Morris taxicab No. AF 283 driven by the appellant (hereinafter called the plaintiff) and a bus No. AF 9223 in the charge of the third respondent. The taxicab which belonged to the plaintiff, was extensively damaged as a result of this accident and was written off as a total loss. It was the plaintiff’s claim that this accident occurred as a result of the negligence of the third respondent. The negligence charged against the third respondent was copiously set out in the statement of claim.

The respondents made a half-hearted denial of liability in their statement of defence but conceded that the plaintiff was entitled to various sums of money which it is unnecessary, for present purposes, to set out. At the trial, the respondents frankly conceded negligence and as an issue, that was withdrawn from determination. What the respondents disputed was the quantum of damages to which the appellant was en…

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