BORKLOE AND ANOTHER V. NOGBEDZI AND ANOTHER

MENSAH BOISON J.A.

This is an appeal against the decision of the High Court, Ho, dated 10 November 1980. By that judgment the appellants (hereafter called the defendants) were found liable in substantial damages for damage caused to the five-ton Bedford tanker of the first respondent (hereafter called the owner) as a result of the negligent driving of the first defendant.

The facts which gave rise to the action were straight-forward, and may be briefly stated. On 17 April 1978, the owner of the tanker and the second respondent (hereafter called the second plaintiff) as the driver in charge of the tanker, registered as No. GL 4146, were travelling from Tema to Denu, when at a point near Laklevi village, on the Agbozume - Denu road, the first defendant, driving a Bedford threeton truck, ran head on into the owner’s tanker. The truck being driven by the first defendant, with registration No. GS 2041, belonged to the Ministry Agriculture, a fact which explains the presence of the Attorney-…