Ratio DecidendiRatio Decidendi


(1979) JELR 65639 (HC)    
High Court  ·  24 Jul 1979 ·  Ghana
Other Citations
[1982-83] GLR 576

Ratio Decidendi

Core Terms Beta
reasonable care
prefabricated structure
result of this accident
second wall
side of the walls
affected parts of his body
behalf of the defendants
breach of the common law duty
carpenter foreman of the state construction corporation
case counsel
cause of this accident
chest pains
compulsory retiring age
crush injuries of both legs
dismantled structure
erection of the structure
evidence of the carpenter foreman
evidence of the fact
experienced carpenter
experienced window cleaner
fracture of the pelvis
general damages
headman carpenter
koranteng-addow j.
lack of proper support
locus classicus
lowest number
material times
mr. alarah
mr. tsegah
narrow window sills
negligence of the plaintiff
ordinary small nail
particulars of negligence
plaintiff’s injuries
position of an employer
proper system of work
provision of a competent staff of men
safety of their workmen
starting point
statement of claim
sufficient supports
temporary use
whole structure
workmen compensation act


At all material times, the plaintiff was a carpenter employed by the defendants. His employment commenced in 1958 and he retired as a headman carpenter in 1973. On 21 November 1973, he was injured while he was engaged in dismantling a prefabricated structure. In this action, he claims general damages against the State Construction Corporation for their negligence.

The circumstances leading to the plaintiff’s injuries are these: On the date in question, he was instructed to go to the job site No. 515 in the neighbourhood of the Military Hospital to dismantle a prefabricated structure which had been erected and used for offices. The plaintiff was detailed to dismantle the structure with another carpenter, called Susa and a labourer. They set to work in this order; first they took off the roof; next they dismantled one side of the walls, then started on the second wall. The whole structure was partitioned with a ceiling card into two rooms. The second panel was ripped u…

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