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TISHIGU AND ANOTHER V. ABUDULAI DAGOMBA AND OTHERS

(1967) JELR 65050 (HC)

High Court  •  11 May 1967  •  Ghana

Coram
ANNAN J.

Judgement

ANNAN J.: The plaintiffs claim damages for injuries suffered by them in a motor accident on the Tamale—Kumbungu road. The accident occurred at about 7 p.m. and there were two vehicles involved. The vehicles were travelling in opposite directions and the plaintiffs were in one vehicle sitting one behind the other at the extreme right-hand side. The only account given as to the accident itself is that of the plaintiffs.

In the statement of claim the plaintiffs set out several particulars of negligence. They also relied on the maxim res ipsa loquitur. It is quite clear that the evidence given by the plaintiffs showed that the two vehicles came into contact when they were passing by each other, This evidence was not challenged or contradicted by the defendants.

Apart from the evidence of the plaintiffs there is the evidence of the pleas of guilty of the drivers of the two vehicles to charges brought under regulation 31 (2) (a) of the Road Traffic Regulations, 1957 (L.N. 135 of 1957), namely…

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