Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



KWAKU AGYIRE-TETTEY AND PAUL KWAKU SODOKEH
V.
THE UNIVERSITY OF GHANA AND 2 OTHERS

(2018) JELR 65765 (HC)    
High Court  ·  SUITNO. GJ150/2016 ·  19 Dec 2018 ·  Ghana
CORAM
JUSTICE KWEKU T. ACKAAH-BOAFO

Ratio Decidendi

Core Terms Beta
deceased
1st plaintiff
dr. maya
mr. agyire-tettey
caesarean section
major surgeries
late wife
uterine fibroids
delivery date
dr. richard asamoah
dr. richard sylvester dey
dr. timothy kobla senunyeme
exhibit a.
fertility issues
medical doctors
plaintiffs’ claim
possible complications
said date
statement of claim
14th may
1st plaintiff’s testimony
2nd defendant university hospital
5th day of february
above hippocratic oath
appropriate medical care
copy of the maternal records booklet
copy of the said text message
deceased wife
dr. mark eric frempong
elective caesarean section procedure
following doctors dr. ernest tei maya
further evidence of the 1st plaintiff
general practitioner
ghana’s premier university hospital
good book
informed consent
maternal health records booklet
necessary examination
plaintiff’s case
proper examination of the deceased
relevant case law
said day
said hospital
said record
such knowledge
testimony of dr. timothy kobla senunyeme
unbiased analysis of the evidence
work of the physicians

ACKAAH-BOAFO, J.

i. Introduction

[1] I start this judgment by quoting scripture. The Good Book the Bible provides in Psalm 127 verses 3-5 as follows:

“Children are a heritage from the Lord, offspring a reward from him. Like arrows in the hands of a warrior are children born in one’s youth. Blessed is the man whose quiver is full of them. They will not be put to shame when they contend with their opponents in Court. (Reference the New International version – NIV)”

[2] In their desire to have this biblical blessing of a child, the 1st Plaintiff and his late wife Juliet Sodokeh Agyire-Tettey contacted the 2nd Defendant University Hospital. According to Mr. Agyire-Tettey, his late wife underwent treatment for fertility issues at the hospital before she became pregnant. The circumstances of what happened after the delivery and the circumstances of the death of Juliet form the foundation of this suit.

[3] Negligence is therefore the centerpiece of this litigation. The work of the physicians and …

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