Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



FRANCIS APEDO
V.
FOUSTAT LIMITED

(2011) JELR 63748 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/46/2011 ·  14 Apr 2011 ·  Ghana
CORAM
KUSI-APPIAH J.A. (PRESIDING), GYAESAYOR J.A., ACQUAYE J.A.

Ratio Decidendi

Core Terms Beta
plaintiff
defendant
trial court
trial judge
learned high court judge
causal connection
medical expenses
plaintiff’s claim
common law
credible evidence
decision of the high court
defendant’s agent
grounds of appeal
medical bills
negligence of the defendant
plaintiff’s case
present case
above stated principles
amended statement of defence
amputation of the said finger
appeal fails
appellate court
b failure
breach of statutory duty
cause of the plaintiff
concern issues of law
duty place
evidence of prosper afifoe
evidence of the defendant
extent of the burden
extra costs
following cases
general damage
high court
high court judge
import of the contents of exhibit
instructing plaintiff
issues of fact
limited liability company
machine operator
madam mary armah amangala buzuma
personal injuries
respective claims
result of defendant
said judgment
severe permanent injury
trial judge’s findings
true copy of the proceedings
weight of evidence
workmen compensation law

JUDGMENT

KUSI-APPIAH, J.A.

This is an appeal by the plaintiff from the decision of the High Court, Accra, dated 20th February, 2009.

By his amended writ of summons, the plaintiff/appellant (hereinafter referred to as the Plaintiff) claimed against the defendant/respondent (hereinafter simply referred to as the Defendant) for:

“1 General Damage for negligence of the defendant resulting in severe permanent injury to the plaintiff.
2 Payment of ¢1,750,000:00 (now Gh¢175:00) being medical expenses incurred by the plaintiff.”

The plaintiff is by this claim seeking damages, both specific and general from defendant for personal injuries sustained by him as a result of defendant’s negligence. The facts relied on by the parties to establish their respective claims were not complicated. The plaintiff’s case was that he was employed by the defendant as a machine operator. The plaintiff averred that on 28th day of October, 2004, the defendant’s agent, Engineer Prosper Afifoe instructed him to assist t…

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