Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



DR GODSON AHORTOR
V.
PROMISE KWESI BEUNOTTE AHAFIANYO

(2016) JELR 107830 (HC)    
High Court  ·  SUIT NO: A9/50/2013 ·  20 Dec 2016 ·  Ghana
CORAM
SOPHIA ROSETTA BERNASKO ESSAH (MRS.)

Ratio Decidendi

Core Terms Beta
defendant
doctrine of res ipsa loquitur
duty of care
excessive speed
reasonable care
negligence of the defendant
special damages
court of appeal
due regard
general damages of ghs500,000
lump sum
person drives
said date
such speed
alternative plaintiff
breach of the duty of care
careless infliction of the kind of damage
case d
class of person
class of persons
department of study of religion university
driver of toyota matrix vehicle
due car
evidence act n.r.c.d.
exhibit b
following dependents
general position of the law
ghana legon
given set of circumstances
merton london borough council
moderate awards
plaintiff’s case
provisions of section
reasonable driver
sogakope-adidome road
unrealistic amount

JUDGMENT

ESSAH (MRS.), J.

On the 28th of January 2016, Plaintiff herein as Personal Representative of the late  Prince Agudza commenced this action against the Defendant seeking the following  reliefs: 

1. General damages of GHS500,000 for negligently causing the death of the late  Prince Agudza 

a. Compensation for the surviving mother 

b. Compensation for the surviving spouse 

c. Compensation for the Three surviving Children 

d. Compensation for pain and suffering; 

e. Loss of expectation of life 

f. Loss of prospective Dependency  

g. Funeral expense  

h. Loss of earnings/income. 

2. Special Damages 

a. Medical expenses 

Plaintiff who is also a Lecturer at the Department of Study of Religion University  of Ghana Legon alleges that on 15TH February 2015 at about 1:45 pm, Defendant an  employee of Stanbic Bank, as owner and driver of Toyota Matrix vehicle with Registration Number GN3204-11 drove his vehicle at such an excessive speed at a  sharp curve at Yorkutikpo on the Sogakope-Adidome road, t…

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