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AGOGRO
V.
AGO AND ANOTHER

(1973) JELR 64372 (HC)

High Court 16 Aug 1973 Ghana
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- The court held that, based on the doctrine of res ipsa loquitur, mere proof of the accident and resultant injuries shifted the burden to the defendants to rebut the presumption of negligence; as no satisfactory explanation was provided, n

Case Details

Judges:FRANCOIS J.
Counsel:A. A. ACKUAKU FOR THE PLAINTIFF; A. LAMPTEY FOR P. SWANIKER FOR THE SECOND DEFENDANTS.,NO APPEARANCE BY THE FIRST DEFENDANT.
Other Citations:[1973] 1 GLR 45

FRANCOIS J.: The plaintiff, a 22-year-old seamstress trading at the sea port town of Tema sustained serious injuries when a vehicle in which she was travelling ended up in a culvert after an accident at Kpong on 30 May 1968. Her injuries included a number of cuts on her lips and face and fractures on her left thigh and shoulder. There were also injuries to her right wrist and her tongue, with a permanent impairment of speech and gait. But her greatest misfortune arising from the accident was the termination of her pregnancy. It appears that at the time of the accident she was seven to eight months gone. The medical certificate which reads like a medical dictionary has a whole catalogue of injuries the plaintiff sustained. The final medical opinion is as follows:

“She will be permanently incapacitated by the loss of movement at the left shoulder, loss of power in the small muscles of both the hands and spastic gait giving rise to considerable difficulty in moving around. In addition, sh…

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