KAKRABA V. AMIDU

AMMAH J.: On 11 July 1985 the plaintiff instituted this action against the defendant. The title of the case is Ama Kakraba (c/o Kadore Chambers, Accra, as plaintiff) v. Alhaji Amidu (house No. 218, Akim Aseni, defendant).

On the indorsement the plaintiff ‘s claim is for: “¢235,000 general and special damages against the defendant for the negligence of his servant which caused the death of Ama Dapaa as per the statement of claim attached.”

The accompanying statement of claim is as follows:

“(1) The plaintiff is a farmer and sues for the estate of her sister Ama Dapaa who was killed in a lorry accident on 25 September 1982 at Kasewa. (2) The defendant is owner of vehicle No. E.R. 4308 at all times material to this suit.

(3) On 24 September 1982 the plaintiff’s sister Ama Dapaa (deceased) boarded the vehicle of the defendant as passenger for value from Akim Oda intending to travel to Accra.”

Paragraphs (4) and (5) averred that the defendant’s servant was in charge of the defendant’s vehicle …