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ANTHONY DOGBE & ANOR.
V.
ALBERT AFENA & ANOR.

(2016) JELR 107076 (HC)

High Court 1 Dec 2016 Ghana
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- The court held the 1st Defendant solely liable in negligence for causing the death of Enoch Ayiglo, finding no evidence of contributory negligence by the deceased. - Key principle: A defendant alleging contributory negligence bears the ev

Case Details

Suit Number:BMISC 746/13
Judges:AFIA SERWAH ASARE-BOTWE (MRS.)
Counsel:MR. ALEXANDER ADJEI FOR THE PLAINTIFFS PRESENT MR. VICTOR WALANKAKI FOR THE DEFENDANTS ABSENT

JUDGMENT

ASARE-BOTWE (MRS.), J.

On the 10th of June, 2013, the Plaintiff issued a writ of summons and accompanying statement of claim for the following reliefs;

(i) A declaration that the accident that resulted in the death of Enoch Ayiglo was caused by the negligence of the 1st Defendant.

(ii) Gh₵500 per month for thirty-nine (39) years being financial support that the Plaintiffs would have obtained from the deceased Enoch Ayiglo had he not been killed through the negligence of the 1st Defendant.

(iii) Interest on item (ii) above from the day of the accident to the day of final judgment.

(iv) Gh₵10,000 for loss of dependency.

(v) Gh₵12,000 for funeral expenses.

(vi) Interest on items (iv) and (v) above from the day of the accident to the day of final judgment.

(vii) The cost of this action assessed at 10% on items (ii), (iii), (iv),(v) and (vi).

(viii) Any other reliefs that the Honourable Court deems fit.

FACTS

The uncontroverted facts of the case that on the 31st of Janua…

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