CYNTHIA ADUSU, JULIET DORMENYO AND HOPE DORMENYO v. GREEN HOUSE GLASS FACTORY

JUDGMENT

This writ was initially instituted by 1st and 2nd plaintiffs and on Benjaminn

Kumatror against Defendants herein. Subsequently with leave of court granted

on the 22/02/2022, the said Benjamin Kumatror was non suited and Hope

Dormenyo included as a 3rd Plaintiff. Plaintiff’s subsequently amended the title of

the suit on the writ of summons and statement of claim and filed the amended

processes on 0/3/2022.

Plaintiffs in their statement of claim, avers that they are the administrators of the

estate of the late Oscar Dormenyo who was an employee of the Defendant’s

company. They stated that the deceased was employed by the Defendant as a

labourer and through determination and hard work rose through the ranks to the

position of a foreman at the time of his untimely death which occurred in the

course of the discharge of his duties. At the time of his demise, the deceased was

earning GHc55 a day with monthly wage of GHc1485. According to them, on

7/9/2019, the deceased was badly injured in the head whilst offloading quantities

of glass belonging to the Defendant leading to his death that same day. They contend that Defendant was highly negligent in failing to provide safety and

protective clothing for the deceased for his line of work. Plaintiffs further averred

that Defendants after the death of the deceased failed to notify the Labour

Commission of the accident at the work place leading to the death of the

deceased. Defendants according to them had failed to honour its promise to pay

for the funeral and burial expenses of the deceased as well as the compensation

due his dependants made up of a wife and 7 children. All attempts by the Labour

commission to address the situation had been ignored by the Defendants.

Plaintiffs therefore seek per their endorsement on the writ of summons the

following reliefs;

a. Declaration that on the 7th day of September, 2019 the late Oscar Dormenyo

suffered a fatal injury which injury arose out of and in the course of his

employment with the Defendant.

b. An order directed at the Defendant to pay an amount of GHS 89,100.00 to the

Plaintiffs being sum equivalent to sixty months earnings of the deceased as

provided in the Workmen Compensation Act, 1987 (P.N.D.C.L. 187).

c. Interest on relief "a" from January, 2020, being the latest date by which any

assessed compensation should have been paid, till date of final payment.

d. General Damages for negligence.

e. An order of the Court compellin