PATRICK BAIDOO & ANOR VRS DAVID AZUMAH NELSON (C2/120/2018) [2023] GHACC 566 (19 May 2023)

PATRICK BAIDOO & ANOR VRS DAVID AZUMAH NELSON (C2/120/2018) [2023] GHACC 566 (19 May 2023)

Defendant failed to rebut the presumption of negligence and did not provide evidence of brake failure. Plaintiffs proved their claims for outstanding repairs and incidental expenses on a balance of probabilities. Defendant's partial payments and repairs were considered in the final award.

Citation
[2023] GHACC 566
Parties
Plaintiff: Patrick Baidoo; Plaintiff: Caitec Delta Limited; Defendant: David Azumah Nelson
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
19 May 2023
Case Number
C2/120/2018
Procedural Posture
Civil / Judgment
Outcome
Judgment for Plaintiffs
Legal Topics
Negligence, Motor Vehicle Accident, Damages, Burden of Proof
Source Language
English
Tort Civil Procedure Negligence Motor Vehicle Accident Damages Burden of Proof

Case Brief

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Parties

Patrick Baidoo

Plaintiff

Caitec Delta Limited

Plaintiff

David Azumah Nelson

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Defendant was negligent in causing the accident
  2. 2 Whether Plaintiffs are entitled to the claimed amounts for repairs and incidental expenses
  3. 3 Whether Defendant has a reasonable defence to the action

Ratio Decidendi

Defendant failed to rebut the presumption of negligence and did not provide evidence of brake failure. Plaintiffs proved their claims for outstanding repairs and incidental expenses on a balance of probabilities. Defendant's partial payments and repairs were considered in the final award.

Court Disposition

Judgment for Plaintiffs

Orders

  • Plaintiffs to recover GHS1,590 for outstanding repairs from Defendant
  • GHS5,000 from funds paid into Court to be used for special damages (incidental expenses)