Plaintiff appeals against high court judgement

Kumasi, April 22, GNA - A cola nut trader who was involved in a motor accident about 16 years ago has filed an appeal at the Appeal Court against the judgement of a Bolgatanga High Court on the grounds that the judge erred in the assessment of damages. Awudu Haruna, the aggrieved plaintiff, says the judge also erred in failing to award costs in his favour.

He is seeking a relief that the damages assessed by the High Court should be enhanced to 300 million cedis and costs awarded in his favour.

The Bolgatanga High Court presided over by Mr Justice Charles Quist delivered judgement in favour of Haruna on February 21 after almost 13 years.

He ordered the owner of the vehicle that was carrying the plaintiff and his 36 bags of cola nuts to pay 30 million cedis for the destruction of the cola nuts in the accident instead of 72 million cedis that reflects the current price. The court also awarded the plaintiff eight million cedis for pain and suffering, 12 million cedis for hospital bills, transport and loss of one bag containing personal effects and loss of time for the period. In May 1989, the plaintiff was travelling from Kumasi to Bawku with 36 bags of cola nuts when the cargo truck on which he was travelling ran into a vehicle that was parked in the middle of the road, killing the driver.

The vehicle parked in the middle of the road was said to be carrying several passengers, eight of whom died in the accident while the plaintiff who was on board the vehicle which ran into the stationary one sustained serious injuries and lost all the cola nuts he was conveying.

The plaintiff instituted legal action against Yakubu Adams, owner and driver of the vehicle on which he was travelling, Adamu Bawa, driver of the stationary vehicle and Musa Yakubu, owner of the stationary vehicle. 21 April 06