ADAMU ABDULAI & ORS VS ABDUL RAHMAN & ANOR

The writ of summons shows the reliefs being claimed by Plaintiffs against the Defendants jointly and severally as follows: a. General and Compensatory damages of GHS500, 000. 00 for negligence of the 1st Defendant causing the loss of the life of Mr. Ali Abudulai.

b. Cost of children’s education and maintenance from April 2018 to March 2019 assessed at GHS20, 000. 00. c. Prospective cost of children’s education and maintenance (including health, food, clothing, housing assessed as follows: i. Sumaila Ali, a 14-year-old Junior High School Student – GHS30, 000. 00 ii.

Safia Ali a 10-year-old pupil – GHS70, 000. 00 iii.

Issakah Ali, a 5-year-old Primary pupil – GHS80, 000. 00 iv.

Musah Ali, a 2-year-old nursery pupil – GHS100, 000. 00 d. Damages for the loss of dependence on the late Mr. Ali Abudulai by his four children and two wives (2nd and 3rd plaintiffs)e. Damages for the wrongful and unjust deprivation of the love, care, and affection that Ali Abudulai gave and would have given the Plaintiffs as well as his four young children as a result of the recklessness of the 1st Defendant.

f. Costs including lawyers’ fees assessed at 20% of the claim.

Facts The plaintiffs are the brother and two wives of the late Ali Abudulai.

1st Defendant is a contracted security worker of the 2nd Defendant, a mining company at Kwabeng.

Mr. Ali Abudulai was a contracted security worker of the 2nd Defendant from 13 July 2017 until his demise on 12 April 2018. 1st Defendant admitted to the Police that a gunshot from his gun killed the late Ali Abudulai.

Plaintiffs’ case.

It is the case of the Plaintiffs that the negligence of the 1st Defendant resulted in the death of Ali Abudulai.

They gave particulars of negligence as follows: a. Failing to take reasonable care and skill while operating a dangerous weapon such as a gun.

b. In the alternative, Plaintiffs shall rely on the doctrine of Res Ipsa Loquitur.

It is the further case of the Plaintiffs that the 1st Defendant shot and killed Ali Abudulai during the course of his duties as a security officer of the 2nd Defendant.

Plaintiffs averred that efforts to get the 2nd Defendant to compensate them for their loss have fallen on deaf ears hence their claim.

Defendants’ case Judgment in default of defence was obtained against the 1st Defendant.

2nd Defendant generally denied the Plaintiffs’ claim and averred that the 1st Defendant was properly trained and licensed to handle a shotgun.

It is the 2nd Defendant’s case that