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KINGSLEY OPOKU
V.
FAUSIAA SULLEY

(2020) JELR 107582 (HC)

High Court 12 Feb 2020 Ghana
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- Plaintiff’s claim for battery and associated damages was dismissed; the Plaintiff failed to prove, on the balance of probabilities, that the Defendant caused or authorised the attack resulting in his injury. - The Court reaffirmed the pri

Case Details

Suit Number:HR/0043/2017
Judges:GIFTY AGYEI ADDO J
Counsel:WISDOM ANTHONIO (WITH HIM REAL ADMIRAL GEOFFREY BIEKRO) FOR THE PLAINTIFF. SARAH ARHIN FOR YVONNE AMEGASHIE FOR THE DEFENDANT

JUDGMENT

This is an action rooted in the tort of battery and the remedy resultant from such tortuous action. The suit was originated by a writ of summons issued by the Plaintiff against the within named Defendant on 12th May, 2017. Per the writ of summons, the Plaintiff claims against the Defendant the following reliefs:

a)  Aggravated general damages against the Defendant for the said unlawful attack on the Plaintiff at his residence on the said 4/5/2015 that resulted in the Plaintiff suffering total and permanent blindness in his right eye and for the pains, sufferings and losses occasioned to the Plaintiff as result of the said unlawful attack on the Plaintiff at his residence on the said 4/5/2015.

b)  Special damages of GH¢723.00 being sums spent by Plaintiff to purchase drugs prescribed for Plaintiff to buy.

c)  Any order(s) as deem necessary by this Honourable Court.

d)  Costs of instituting this action on full recovery basis including lawyer's fees.

FACTS OF THE CASE

The undisputed fa…

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