SAMUEL AWUKU
V.
SULEMAN MAMUNI AND SHAIBU SULEMANA

(2014) JELR 69748 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/80/2013 ·  23 Jan 2014 ·  Ghana
CORAM
MARFUL-SAU, JA (PRESIDING), OFOE JA , TORKORNOO (MRS) JA
Core Terms Beta
plaintiff
trial judge
court
counsel
damages
pecuniary damages
appellate court
loss of amenities of life
assessment of damages
trial court
choice of profession
legal principle
reasonable compensation
rest of his life
submission of counsel
tema general hospital
circumstances of the case
common legal knowledge
compensatory damages
current conditions
decision of the trial court
difficult task
easy task
facts of this case
fair degree
few of these cases
following award
following awards
general principle
grounds of appeal
head of damages
intensive treatment
irrelevant factor
loss of prospective earnings
lower limb
massive injuries
medical expenses
next indictment of the trial judge
review of the case
said injuries
soft tissues
such approach
such criteria
trial court’s findings
variety of other facts
vigorous manly sports
working age

JUDGEMENT

OFOE, JA

The facts of this case are not in dispute. The plaintiff/respondent on the 9th of November 2003 about 10.40pm in the environs of Afienya was negligently knocked down by the 1st defendant/appellant who was then in charge of a cargo truck loaded with foodstuffs from the north. The plaintiff sustained massive injuries for which he was eventually transferred from the Tema General Hospital to Korle Bu Teaching Hospital. From the evidence before the court he suffered extensive injuries and after intensive treatment at Korle Bu Teaching Hospital he is out with deformities I will mention presently. The next of kin, as would be expected, sued the defendants claiming damages for the said injuries. The trial court made the following award:

GH179.30 for medical expenses

Interest on (a) from July 2004 to date of payment

GH 10m general and compensatory damages

Cost of GH10, 000.

In making this award all the trial judge did was quoting the High Court case of Quarcoo v. Appiah (1972) 2GLR…

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