(1971) JELR 65758 (HC)    
High Court  ·  18 Mar 1971 ·  Ghana
Other Citations
[1971] 2 GLR 50
Core Terms Beta
second claimant
first claimant
common law
workmen’s compensation act
infant daughter
kinneil case
present case
such proceedings
english workmen’s compensation act
infant dependants
payment of the compensation
wilful act of the employer
assessed amount
case of such personal negligence
child of the marriage
civil court
decided case
decision of the widow
definite exercise of that option
dependants of the late butah
district court
district labour officer
employer’s liability
employer’s whole liability
following words of section
individual dependants
kinneil cannel
late e. k. butah
lay claim
learned district magistrate
learned state attorney
lord thankerton
lord warrington of clyffe
lump sum
material ground
others of the benefit of an option
outcome of the action
own behalf
result of fatal injuries
right of option
safe-guard counsel
suit of a dependant
way take
whole of the lump sum compensation

MENSA BOISON J.: The two claimants are respectively the wife (as respondent) and mother (as appellant) of the late E. K. Butah. The late Butah was an employee of Oyoko Contractors Ltd. who were the defendants at the trial. It appears his death was a result of fatal injuries sustained in the course of his employment with the defendant company. Both claimants lay claim against the defendants as dependants of the late Butah.

A claim for compensation was made by the respondent on her own behalf as the wife of the deceased, and for her child of the marriage under the Workmen’s Compensation Act, 1963 (Act 174). The appellant, having registered her interest, insisted on proceeding against the defendant company in negligence at common law. Neither of the two dependants would compromise on the mode of claim. In due course the district labour officer took out a motion, before the district court, under Act 174 for an order distributing the assessed amount under the Act to the dependants. The moti…

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