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S. O. K. O. MENSAH V. ANDOH AND ANOTHER

(1979) JELR 65122 (HC)

High Court  •  23 Nov 1979  •  Ghana

Coram
ROGER KORSAH J.

Judgement

ROGER KORSAH J.: The plaintiff is the owner of house No. A2, Subin Hill, Dunkwa-on-Offin. He is by trade a shopkeeper. He uses one of the rooms in the house as a shop and two others as storerooms for his merchandise. The whole house comprised seven rooms.

At about half past six in the morning of 8 September 1976, a vehicle, No. CR. 3053, which was carrying workers along Subin Hill street, reversed and entered the storeroom of the plaintiff at house No. A2, Subin Hill. The impact shook other parts of the house. The roof caved in and some damage was done to the plaintiff’s merchandise. The offending vehicle was the property of the second defendants and it was driven, at the material time, by the first defendant as servant or agent of the second defendants’ company.

On 15 March 1977, the plaintiff commenced these proceedings against the defendants by a writ indorsed as follows:

“The plaintiff’s claim against the first and second defendants jointly and severally is for ¢4,837 general damages…

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