- The case Aboaku v Tetteh, S.C. was an appeal from a judgment of Ollennu, J., who dismissed the plaintiff’s claim for damages caused by a car accident involving the defendants¹.
- The plaintiff claimed that his car was stationary on the left-hand side of the road when the first defendant, who was driving the second defendant’s car, negligently collided with the rear of his car¹.
- The defendants did not appear in court or file any defence, and the trial judge dismissed the plaintiff’s claim on the ground that he failed to prove negligence on the part of the first defendant¹.
- The plaintiff appealed to the Supreme Court, which reversed the trial judge’s decision and held that the plaintiff had established a prima facie case of negligence against the first defendant, and that the burden of proof shifted to the defendants to rebut it¹.
- The Supreme Court also held that the trial judge erred in relying on a police report that was not tendered in evidence, and that the plaintiff was entitled to damages for the cost of repairs and loss of earnings¹.
- The relevance of the case is that it illustrates the application of the doctrine of res ipsa loquitur (the thing speaks for itself) in tort law, which means that negligence can be inferred from the circumstances of an accident without direct evidence².
- The case also shows the importance of filing a defence and appearing in court to challenge a claim, as well as the role of evidence and burden of proof in civil litigation².
- ABOAKU vs. TETTEH AND ANOTHER [1962]DLSC1303
- IN THE SUPERIOR COURT OF JUDICATURE IN THE SUPREME COURT OF JUSTICE …
(1) IN THE SUPERIOR COURT OF JUDICATURE IN THE SUPREME COURT OF JUSTICE …. https://media.ghalii.org/files/judgments/ghasc/2011/20/2011-ghasc-20.pdf.
(2) IN THE SUPERIOR COURT OF JUDICATURE IN THE SUPREME COURT OF JUSTICE …. https://media.ghalii.org/files/judgments/ghasc/2011/20/2011-ghasc-20.pdf.
(3) The comprehensive database of African case law and legislation | judy.legal. https://www.judy.legal/case/aboaku-v-tetteh-another-d4328.
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