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AGBEDOR AND ANOTHER
V.
YEBOA

(1981) JELR 69257 (CA)

Court of Appeal 28 Jul 1981 Ghana
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- The plaintiffs-appellants claimed damages against the defendant-respondent for the negligence of a driver of a vehicle allegedly belonging to the respondent, which resulted in the death of Simon Moses Modzaka, a passenger on the vehicle.

Case Details

Judges:ARCHER J.A.,CHARLES CRABBE J.A. ,MENSA BOISON J.
Counsel:KWAME TETTEH FOR THE APPELLANTS; NO APPEARANCE FOR OR ON BEHALF OF THE RESPONDENT.
Other Citations:[1980] GLR 769

CHARLES CRABBE J.A.

The plaintiffs-appellants (hereafter referred to as the appellants) claimed general damages against the defendant-respondent (hereafter referred to as the respondent) for the negligence of one Gariba Abudulai, a driver of a vehicle allegedly belonging to the respondent. The basis of the claim was that, on or about 8 December 1974, one Simon Moses Modzaka was a passenger on that vehicle. On reaching a place called Kyekyewere Village, the vehicle skidded off its lane into an off-side lane. Simon Modzaka, a lad of twenty years met with his death on the spot. The claim was thus for loss of expectation of life and loss of prospective dependency.

The learned trial judge gave judgment for the appellants as the administrators of the estate of Simon Moses Modzaka for a total sum of ¢2,200. This was made up of ¢600 for mental distress and ¢1,500 for loss of expectation of life. Costs of ¢100 were also awarded. The substance of the appeal before this court is that the learned t…

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