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KRUWAH V. KALMONI AND ANOTHER

(1961) JELR 66955 (HC)

High Court  •  26 Jun 1961  •  Ghana

Coram
OLLENNU J

Appearances
J. HEWARD-MILLS FOR THE PLAINTIFF,E. D. KOM (KWAKU WITH HIM) FOR THE DEFENDANTS

Judgement

OLLENNU J.: The plaintiff is a seamstress and lives at Techiman where she carried on her trade. On the 17th January, 1960 the second defendant, driver to the first defendant, negligently drove his master’s Albion petrol tanker No. AE.6270 on the Cape Coast to Kumasi road and brought it into collision with a passenger vehicle No. WR.89 on which the plaintiff was travelling. In consequence of the said accident the plaintiff suffered injuries including a compound fracture of her right ulna resulting in an almost complete loss of the use of her right hand. For the said injuries the plaintiff now claims £G29 4s. special damages and £G10,000 general damages.

The defendants did not dispute the allegation of negligence on the part of the second defendant; they, however, contested the quantum of the damages claimed and contended that in view of all the circumstances the plaintiff should not be awarded more than £G900. The ground upon which the defendants resisted the amount of damages are: (i) …

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