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(1989) JELR 65097 (HC)

High Court  •  18 Jan 1989  •  Ghana



BROBBEY J.: By his writ of summons the plaintiff claimed: ¢350,000 being the cost of his Opel Reckord saloon car registered as GS 9036; damages for loss of use of the said vehicle at ¢300 per day from 4 April 1982 to the date of judgment and interest on the amount due at the current rate of interest. The plaintiff’s case is that he owned the said Opel car. He drove it on the Accra-Winneba Road on 2 April 1982. At a point near the Densu River he saw some vehicles parked by the bridge over the river. At the same time he sighted an on-coming vehicle being driven from the opposite direction. He therefore brought his car to a stop behind the other parked vehicles. A bus then being driven from his rear attempted to overtake his car. In the process the bus collided with the on-coming vehicle and crashed into his stationary Opel car.

According to the plaintiff, the car was damaged beyond economic repair. He averred that he was a farmer and he used that car on his farming business. Having lost …

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