ALIMATU v. BOAMEH AND ANOTHER

JUDGMENT OF OLLENNU J.

This action was instituted by the plaintiff under the Fatal Accidents Acts of 18461 and 1864,2 and it is for £G5,000 damages against the defendants jointly and severally.

Section 1 of the Fatal Accidents Act, 1846, popularly called Lord Campbell's Act, provides that:

“whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony"

and section 2 provides that—

“every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused, and shall be brought by and in the name of the executor or administrator of the person deceased".

By section 1 of the Fatal Accidents Act, 1864, if the executor or administrator does not bring the action within six months after the death, or if there is no executor or administrator, all or any of the beneficiaries may bring the action for the benefit of the same persons on whose behalf the executor or administrator could have brought it.

In my opinion the Fatal Accidents Acts, 1846 and 1864 are statutes of general application; and being in force in England on the 24th July, 1874, were Acts applicable to Ghana immediately before the commencement of the Courts Act, 19603. Therefore the said Acts continue to apply to Ghana by virtue of section 154 (4) of the Courts Act, 1960.

The plaintiff pleaded and has proved that she is the mother of one Asumanu who was killed in the motor accident which is the cause of the action. I hold that as mother of the deceased, she is entitled to institute the action.

In paragraph 1 of her statement of claim the plaintiff pleaded that the action she brought is for the benefit not only of herself but also of a brother and sisters of the deceased. As pointed out earlier, such an action can be brought only for "the benefit of the wife, husband, parent and child' of deceased person (see section 2 of the 1846 Act) and not for the benefit of any other person.

The class of persons who come within the category of dependants mentioned in the said section