YAMUSAH V. MAHAMA AND ANOTHER

BENIN J.

The plaintiff’s claim against the defendants jointly and severally is for general and special damages for bodily injuries, pain and suffering arising from a motor accident caused wholly by the negligence of the first defendant by the manner he drove, managed or controlled Mercedes cargo truck No. UR 2453 owned by the second defendant and driven by him in the course of his employment as servant or agent or both of the second defendant on 8 May 1985. The facts of the plaintiff’s case may be gathered from the pleading as amended containing the following relevant averments:

1. The plaintiff is a farmer and an anaesthetist assistant with the Regional Hospital, Tamale, while the first and second defendants are a driver and transport owner respectively and they are all commonly resident in Tamale.

2. On or about 8 May 1985 the plaintiff was a pillion rider on a Suzuki motor cycle with registration number GVB 4074 and was travelling from Tamale township towards the regional hospital.…