This is an appeal from a judgment of Bannerman J. delivered at Kumasi on 23 February 1963, in favour of the plaintiff-respondent, hereinafter referred to as the plaintiff. The proceedings began with a claim for £G10,749 5s. 0d. damages against the appellants, hereinafter referred to as the defendants, for injuries received and suffered by the plaintiff in consequence of the alleged negligence of the second defendant in the driving of a timber truck, property of his employers, the first defendants, a firm of timber merchants.
The accident occurred near a place called Nkasiem on the Goaso-Kumasi motor road whilst the second defendant was driving the timber truck from Goaso towards Kumasi and the plaintiff was driving an Opel Caravan from Kumasi towards Mim. Particulars of the negligence the plaintiff relied upon are set out in paragraph (4) of his statement of claim and are as follows:
“(a) The second defendant was driving at a speed which was too fast in the circumstances…