CAPT. THERESA ASANTE (RTD.) v. ATTORNEY GENERAL & ORS
March 3, 2022
COURT OF APPEAL
GHANA
CORAM
- B. F. ACKAH-YENSU, JA (PRESIDING)
- ERIC KYEI BAFFUOR, JA
- NOVISI A. ARYENE, JA
Areas of Law
- Administrative Law
- Civil Procedure
- Employment Law
- Evidence Law
March 3, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal decision, authored by Justice Barbara Ackah-Yensu and joined by Justices Eric Kyei-Baffuor and Novisi Afua Aryene, reviews a High Court judgment involving a former Ghana Armed Forces nurse officer who fell during Ghana Military Academy training, later experienced chronic spinal problems, and was honorably released in 1993 as medically unfit. She sought lifelong reimbursement of medical expenses, disability compensation, and military pension from the Ghana Armed Forces. The High Court granted reimbursement for life, GH300,000 compensation, and GH20,000 costs. On appeal, applying rehearing principles and the Evidence Act burdens, the Court found no medical evidence linking the present condition to service and held she was not entitled to pension or compensation under the Armed Forces Regulations. However, the Court affirmed reimbursement based on an established GAF practice of reimbursing veterans subject to funds, and reduced costs to GH10,000.
B. ACKAH-YENSU, JA
INTRODUCTION
In the High Court (Industrial and Labour Division) Accra, the Plaintiff/Respondent took out a writ of summons against the Defendants/Appellants for the following reliefs:
“a. An Order directed at the Defendants to reimburse Plaintiff for all medical bills and/or expenses incurred from January, 2014 for life.
b. Lump sum compensation for disability occasioned by and/or during military service.
c. Military Pension.
d. Such further Orders as the Court may deem fit”.
At the close of the hearing, the learned trial Judge entered judgment for the Plaintiff/Respondent for reimbursement by the 2nd Defendant/Appellant to the Plaintiff/Respondent, of all medical bills and all expenses incurred by the Plaintiff/Respondent from January 2014 for life; compensation in the sum of GH¢300,000.00; and costs of GH¢20,000.00.
It is against the said judgment that the instant appeal has been brought.
BACKGROUND FACTS
For purposes of appreciating the key issues for determination in this appeal, we shall recount the matters that have given rise to the instant appeal.
The Defendants/Appellants shall be referred to hereinafter simply as the “Appellants”, and the Plaintiff/Respondent referred to simply as the “Respondent”.
It was the case of the Respondent in pleading that she was admitted to the Ghana Military Academy (GMA) on 9th September 1983. Respondent averred that during the training at the GMA, and while undergoing physical training, she had a heavy fall and reported sick complaining of back pain. She was granted seven (7) days complete bed rest and was treated with pain killers to lessen the pain.
Respondent successfully graduated from the GMA thereafter and carried out her duties in the Ghana Armed Forces (GAF). However, in 1986, her back pain re-emerged, and she was referred to a surgeon for diagnosis, and consequently put on a medication, but the pain persisted. She was subsequently referred to a neurosurgeon for expert management. After various laboratory investigations and X-rays were taken, she was managed on neuro drugs and physiotherapy exercises. Respondent asserts that her condition did not improve despite all that was done as her condition continuously deteriorated.
It is Respondent’s further assertion that she took her various promotion examinations and passed. However, while waiting to be promoted to the rank of Major, she was issued with a Release Letter in October 1993. She averred that a Medical Board was convened