REPUBLIC VRS MOSES ASIGBA & ANOR. (839/2021) [2023] GHADC 1122 (20 January 2023)

REPUBLIC VRS MOSES ASIGBA & ANOR. (839/2021) [2023] GHADC 1122 (20 January 2023)

The accused admitted to taking his eyes off the road while driving in heavy traffic, resulting in a collision with the complainant's vehicle. This conduct constituted driving without due care and attention under section 3 of the Road Traffic Act, 2005 (Act 683) as amended, as he failed to maintain control and proper lookout, regardless of the traffic conditions or speed.

Citation
REPUBLIC VRS MOSES ASIGBA & ANOR. (839/2021) [2023] GHADC 1122 (20 January 2023)
Parties
Prosecution: The Republic; Accused: Moses Asigba; Complainant: Peter Juergen Jost
Court
ghadc
Jurisdiction
Ghana
Judgment Date
20 January 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Careless and Inconsiderate Driving, Duty of Care, Road Traffic Offences
Source Language
eng
Criminal Law Road Traffic Law Careless and Inconsiderate Driving Duty of Care Road Traffic Offences

Case Brief

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Parties

The Republic

Prosecution

Moses Asigba

Accused

Peter Juergen Jost

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused drove without due care and attention, thereby causing damage to the complainant's vehicle.

Ratio Decidendi

The accused admitted to taking his eyes off the road while driving in heavy traffic, resulting in a collision with the complainant's vehicle. This conduct constituted driving without due care and attention under section 3 of the Road Traffic Act, 2005 (Act 683) as amended, as he failed to maintain control and proper lookout, regardless of the traffic conditions or speed.

Court Disposition

conviction and sentence

Orders

  • Accused found guilty of careless and inconsiderate driving contrary to section 3 of the Road Traffic Act, 2005 (Act 683) as amended.
  • Accused sentenced to pay compensation of GHC6,000.00 to the complainant.