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NORGBEY AND ANOTHER V. ASANTE AND ANOTHER

(1992) JELR 63673 (HC)

High Court  •  14 Oct 1992  •  Ghana

Coram
ACQUAH J.

Judgement

ACQUAH J.: On 11 December 1987 on the Ho-Aflao road Emmanuel Norgbey, the first plaintiff, was driving a Mazda mini bus with registration No. VR 4037 from Aflao towards Ho. Between the hours of 8 p.m. and 9 p.m. at the outskirts of Dzodze town, this vehicle was involved in an accident with a MAN diesel articulator truck with registration No. GN 6357 owned by the Tarzan Transport Co. Ltd, Tema, the second defendant herein. The Mazda mini bus was damaged beyond repairs. The second plaintiff claiming to be the owner of the Mazda mini bus, together with the first plaintiff took out the instant writ against the driver and owner of the MAN diesel articulator truck for special and general damages. The basis of the plaintiffs’ claim is that the accident arose out of the negligence of the driver of the MAN diesel articulator vehicle. The details of the alleged negligence were pleaded in paragraphs (5) and (8) of their statement of claim as follows:

“(5) On or about the 11 day of December 1987 a…

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