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DAMALIE V. KWADZI AND ANOTHER

(1973) JELR 67074 (HC)

High Court  •  26 Nov 1973  •  Ghana

Coram
ABBAN J.

Appearances
G. A. MUSTAPHA FOR THE PLAINTIFF; NO APPEARANCE BY OR ON BEHALF OF THE DEFENDANTS.

Judgement

ABBAN J.

The plaintiff is claiming ¢10,000.00 general damages and ¢142.90 special damages against the defendants for the injuries sustained by him as a result of a motor accident. The plaintiff contends that the said accident occurred through the negligence of the defendants. It should be observed that the defendants were served with hearing notices but they refused, without explanation, to turn up. The hearing of the case therefore proceeded in their absence.

On 28 February 1968, the plaintiff travelled in vehicle No. GF 3150, as a passenger. The first defendant was the owner of that vehicle, and the second defendant was the driver thereof. The vehicle travelled from Abor to Sogakope in the Volta Region. In the course of the journey, one of the rear tyres of the vehicle got burst and the vehicle tumbled off the road and eventually landed in a ditch.

The passengers on the vehicle, including the plaintiff, sustained injuries. The plaintiff was first rushed to Abor clinic in a hired lorry…

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