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COUNTY HOSPITAL & ANOR
V.
YEBOAH

(2022) JELR 114284 (CA)

Court of Appeal 28 Jul 2022 Ghana
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- Plaintiff brought an action for professional negligence against a Kumasi medical facility following complications from a caesarean section, claiming GH¢10,000,000 and other reliefs. - Defendants challenged the writ, citing improper descri

Case Details

Suit Number:H1/45/2022
Judges:A. M. DOMAKYAAREH (MRS) J. A. PRESIDING, A. B. POKU-ACHEAMPONG J. A., S. K. A. ASIEDU J. A.
Counsel:Kwasi Afrifa for Defendant /Appellant Dennis Oppong Wiafe for Plaintiff /Respondents
Location:Kumasi

JUDGMENT

POKU-ACHEAMPONG, J.A.:

This is an interlocutory appeal from the ruling of a Kumasi High Court dated 11th March 2021.

The substantive action is a claim for professional negligence against the Defendants/Appellants, a medical facility in Kumasi, by the Plaintiff who went through a caesarean section procedure at the facility and experienced health complications.

For reasons of convenience the parties shall retain their original designations in this judgment. Thus the Plaintiff/Respondent shall be referred to as the Plaintiff and the Defendants/Appellants as the Defendants.

The Plaintiff issued her writ of summons and statement of claim on 26/5/20 claiming:

(a) An amount of Ten Million Cedis (¢10,000,000.00) as compensation for professional negligence.

(b) General damages.

(c) Cost occasioned by the action including legal fees.

(d) Any other reliefs as this Honourable Court may deem fit.

In response to this the Defendants on 1/6/20 filed a Motion on Notice and a supporting affidavit prayi…

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