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ELECTRICITY COMPANY OF GHANA
V.
DOROTHY KINGSLEY-NYINAH (MRS.) AND PATRICK KINGSLEY-NYNAH

(2017) JELR 68394 (CA)

Court of Appeal 19 Oct 2017 Ghana
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- The plaintiffs sued the defendant in the High Court, claiming damages for a fire that occurred in their premises due to power fluctuations and negligence of the defendant. - The defendant denied the allegations and argued that the plainti

Case Details

Suit Number:CIVIL APPEAL NO.H1/170/2017
Judges:S. MARFUL-SAU J.A. (PRESIDING), F.G. KORBIEH J.A., I.O.TANKO AMADU J.A.
Counsel:KWAMENA FYNN AIKINS FOR THE DEFENDANT/APPELLANT,NAA ODOFOLEY NORTEY FOR THE PLAINTIFFS/RESPONDENTS

JUDGMENT

F.G.KORBIEH, J.A.

The brief facts of this case are that the plaintiffs/respondents (hereinafter referred to only as the respondents) are a married couple who sued the defendant/appellant (hereinafter referred to only as the appellant) in the High Court, Accra claiming the following reliefs: (i) general damages, (ii) interests on the general damages from the 26th May 2008 to the date of payment and (iii) costs including solicitor’s fees. In their amended statement of claim they averred that the appellant had supplied electric power to them for valuable consideration at House No. 799/1, Osu RE in Accra but that on or about 26th May, 2008 there was power fluctuation and erratic power outages at the area where their premises were situated. They averred further that around 5:40pm their house-help noticed smoke coming from the premises which, upon her investigations, led to the discovery of fire in the living room of the premises. They also further that the fire and damage arising th…

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