KHOURY V. CHOITEL

APALOO J.: This is an appeal from the judgment of the High Court, Accra, dated 11 February 1963. That judgment awarded damages in favour of the plaintiff-respondent against the defendant-appellant as a result of injuries sustained by the former in an accident which took place on the Accra-Nsawam road on 25 November 1960.

The facts of the case are fairly straightforward and are substantially free from complexity. They can be stated briefly. The plaintiff, who gave his age as 41 years, is by profession a mechanical engineer. He was also associated with a company known as Ghana Woodwork Construction Limited and was at the date material to this case, its managing director. On 25 November 1960 he was driving a Fiat saloon car which belonged to his company from Nsawam to Accra. The time was 10.30 p.m. or thereabouts. At a point between mile eight and nine, he ran into a stationary Bedford truck which was parked on the nearside of the road. Both he and his wife who was with him, sustained sev…