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(1980) JELR 65048 (HC)

High Court  •  19 Nov 1980  •  Ghana



KORANTENG-ADDOW J.: On 18 November 1974, the plaintiff, a middle-aged woman, was waiting in the early hours of the morning by the street at Kotokuraba in Cape Coast for transport to convey her to Accra. A vehicle came along and she hailed it to stop. It was police jeep No. GP. 449. Before she boarded, she noticed that it was a police jeep, nevertheless she told the driver she was going to Accra and demanded to know the fare. The driver charged her ¢2 for herself and her luggage. She agreed and boarded the vehicle. The vehicle, police jeep No. GP. 449, was driven by Constable Kofi Asare. At Anomabu the constable stopped and picked three other passengers.

The jeep was moving at great speed. The plaintiff admonished the driver against overspeeding but the driver told her he had been sent from Takoradi to Accra, implying that he was in a hurry to get to Accra. Sometimes he paid heed to the admonition, and slowed down, but generally his speed was high. At Mankesim the plaintiff fell asleep.…

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