The plaintiff, Alhassan Osman, is seeking 14 reliefs including the cost of repair of his truck from the MMT to the tune of GH₵ 313, 177.00.
RELATED: Crash caused by unlawful overtaking
The gory accident occurred on February 17, 2016 when a Metro Mass Transit vehicle carrying 80 passengers had a head-on collision with a truck loaded with tomatoes which had five people on board.
Below are details of the suit:
THE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT OF JUSTICE
ACCRA –AD 2016
SUIT NO.
OSMAN ALHASSAN PLAINTIFF
HOUSE NO. PLOT 5 BLOCK G
MEDUMA KUMASI VRS
METRO MASS TRANSIT COMPANY LTD DEFENDANT
ACCRA
(PLAINTIFF TO DIRECT SERVICE)
STATEMENT OF CLAIM
1. The Plaintiff is a transporter and a resident of Meduma, a suburb of Kumasi.
2. The Defendant is a company registered under the laws of Ghana in the business of operating mass transportation services.
3. The Plaintiff says he is the owner of DAF truck with registration number AS 1544-16.4. The Plaintiff avers that on the 17th day of February, 2016, the said truck began a journey from Burkina Faso with one hundred and forty four [144] cartons of fresh tomatoes on board and heading to Accra.
On reaching Babatokuma in the Kintampo North District in the Brong Ahafo Region, the Defendant’s bus with registration number AS 7131Y travelling from Kumasi to Bolgatanga negligently run down the Plaintiff’s vehicle with the resultant death to the Plaintiff’s driver, one of the driver-mates, one of the lady owners of the cargo and very serious injury to one of the driver-mates.
PARTICULARS OF NEGLIGENCE
a) The Defendant’s driver now deceased was travelling on excessive speed and beyond the speed limit imposed by law.
b) The Defendant’s driver failed to slow down while negotiating a sharp curve.
c) The Defendant’s vehicle without due care and attention entered into the lane of the Plaintiff’s vehicle in an attempt to overtake a vehicle ahead of the Defendant’s bus.
d) The Defendant’s bus whilst still on top speed collided head-on into the Plaintiff’s truck resulting in the damage to the Plaintiff’s truck, the loss of the cargo it carried and the loss of life of the Plaintiff’s driver, one of his driver-mates, one of the lady owners of the cargo and very serious injury to one of the driver-mates.
5. The Plaintiff says in alternative to the above particulars of negligence, that he will rely on the principles of res ipsa loquitur.
6. The Plaintiff says that as a result of the impact of the collision his vehicle was damaged beyond salvage.
PARTICULARS OF DAMAGE
a) Truck with registration number AS 1544-16 is now torn to pieces of scrap. .
b) The 144 cartons of tomatoes and other goods aboard the truck were all destroyed.
7. The Plaintiff says the police visited the scene of the accident.
8. The bus with registration number AS 7131 Y was at the time of the accident owned by the Defendant and thus Defendant is vicariously liable for the negligent conduct of its driver who died along with about sixty one other persons.
9. The Plaintiff says that he purchased the said vehicle and caused it to be redesigned by welders and associate artisans at the total cost of Three hundred and thirteen thousand one hundred and seventy seven Ghana cedis [GHC 313, 177.00).
10. The Plaintiff says that he is left with a balance of Fifty Thousand Ghana cedis (GHC 50,000.00) to be paid to Kwabena Owusu Ansah ,the person from whom the Plaintiff bought the truck, hence, the truck is still in the name of Kwabena Owusu Ansah.
11. The Plaintiff says that the day of the accident was the fourth week of the operation of the truck.
12. The Plaintiff says that the truck brings him weekly income of Nine Thousand Five Hundred Ghana cedis (GHC 9, 500.00) which has now been curtailed as a result of the negligent conduct of the Defendant’s driver.
13. The Plaintiff says that his driver was carrying with him a cash amount of Fifteen Thousand CFA [CFA 15, 000.00] and Two Thousand Five Hundred Ghana cedis [GHC 2, 500.00] which were lost as a result of the accident caused by the Defendant’s driver
14. The Plaintiff says that the conduct of the Defendant’s driver has occasioned him a gargantuan/monumental loss which the Defendant is vicariously liable for.WHEREFORE the Plaintiff claims against the defendant as per the endorsement on the Writ:
i. General Damages for the negligence driving of the Defendant’s employee resulting in the Plaintiff incurring a lossii. Special Damages as follows:
a. Recovery of the amount of GHC 313,177.00 representing the total cost of the truck no. AS 1544-16
b. Interest on the said amount from the 17th day of February, 2016 to date of final payment.
c. Recovery of the cedi equivalent of the amount of CFA 15, 000.00 and GHC 2,500.00 which were cash sums lost as result of the accident.
d. Weekly income of GHC 9,500.00 representing lost income from the 17th day of February, 2016 till date of final payment.
e. Interest on the said amount from the 17th day of February, 2016 to date of final payment.
iii. Cost including legal fees
iv. Any other reliefs the Honourable Court may deem fit.
DATED AT LEGAL RELIEF TRUST, 22 OROKO ST KOKOMLEMLE, ACCRA THIS 2ND DAY OF MARCH, 2016.
SEIDU H. NASIGRI ESQ.(Licence N0. GAR 11469/16)
SOLICITOR FOR THE PLAINTIFF
REGISTRAR
HIGH COURT,
ACCRA
AND FOR SERVICE ON THE ABOVE NAMED DEFENDANT
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