Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



EKEM
V.
WISEWAY CLEANERS LTD

(1985) JELR 65420 (CA)    
Court of Appeal  ·  29 May 1985 ·  Ghana
CORAM
FRANCOIS JSC, ABBAN JA, OSEI-HWERE JA

Ratio Decidendi

Core Terms Beta
evidence
respondent-company
case
learned judge
respondent
trial judge
breach of statutory duty
factory inspector
high court
interlocking safety device
brake failure
breach of absolute duty
cause of the accident
civil cases
common law duty
correct test
destruction of the normal safe means of passage
dim view of the plaintiff-appellant
electric power
evidence of the electrical supervisor
extractor machine
fatal accident
fatal injuries
first defendant witness
first plaintiff witness
house of lords
land cases
learned trial judge’s finding
lord chancellor
lord guest
lord hailsham lc
management’s protest
material fact
place temptations
present appeal
proper assessment of the viability of the appellant
respondents’ dry-cleaning establishment
respondent’s electrician
respondents liability
respondent’s own electrical supervisor
shops act
side of the contesting divide evidence
simple process
spare parts
use of dangerous machinery
warning of any inherent danger
working of the machine
working of the respondent-company

FRANCOIS JSC

On 12 January 1979 a fatal accident occurred at the respondents’ dry-cleaning establishment at Takoradi. An employee, Isaac Ekem, who the respondent claimed to have acquired requisite experience in the working of the respondent-company’s laundry equipment, sustained fatal injuries while operating an extractor machine. An action for negligence and breach of statutory duty was brought by the personal representative of the deceased in the High Court, Sekondi. It failed. The present appeal is the sequel of that lack of success.

It is necessary to state briefly the working of the machine the deceased was operating, as far as can be gleaned from the record, to enable a proper assessment of the viability of the appellant’s claim to be made. The machine was a hydro-extractor which, as the name implies, extracts water from wet clothing by its high velocity revolutions. It functions this way: Wet garments are fed into a basket attached to the machine. When sufficient material has be…

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