CYNTHIA AYIMAH v. EDWARD FIANKO & ELECTRICITY COMPANY OF GHANA
2018
HIGH COURT
GHANA
Areas of Law
- Tort Law
- Evidence Law
- Employment Law
2018
HIGH COURT
GHANA
AI Generated Summary
The Plaintiff alleged that the 1st Defendant assaulted and battered her while trying to remove a meter from her property, and sought damages and a declaration that the 2nd Defendant was vicariously liable for the 1st Defendants actions. The court evaluated the evidence, including testimonies and photographs, and concluded that the Plaintiffs narrative was not credible. The court found no intentional application of force by the 1st Defendant and dismissed the Plaintiffs claims, noting that she failed to meet the burden of proof.
JUDGMENT
i. Introduction:
[1] By a writ of summons sealed at the registry of this Court on July 13, 2016 the Plaintiff claims against the Defendants:
i. A declaration that 1st Defendant was in the ordinary course of his employment with 2nd Defendant when he stabbed Plaintiff causing the injuries she sustained.
ii. A declaration that 2nd Defendant is vicariously liable for the conduct of 1st Defendant when he stabbed Plaintiff resulting in the injuries she sustained.
ii. A declaration that the act of 1st Defendant stabbing Plaintiff resulting in the injuries she sustained is trespass to her person by assault and battery.
iv. General damages
v. Costs
vi. Any other relief(s) this Honourable Court deems just and equitable.
[2] After the service of the writ with its accompanying statement of claim on the Defendants, an appearance was entered and later a joint statement of defence filed on behalf of the Defendants.
ii.The Issues
[3] The issues set out in the application for directions which were set down on the 17th day of November, 2016 were as follows;
Whether 1st Defendant assaulted Plaintiff?
Whether 1st Defendant committed battery of Plaintiff?
Whether the 1st Defendant was in the ordinary course of his employment with the 2nd Defendant when he allegedly stabbed Plaintiff causing the injuries she sustained?
Whether the 2nd Defendant is vicariously liable for the acts of 1st Defendant?
Any other issue(s) raised by the pleadings.
All the issues were adopted by the court for determination.
[4] At the trial the Plaintiff gave evidence and called no other witness to close her case. The 1st Defendant testified for himself after which one other witness was called to give evidence in support of the Defendants.
iii. The Case of the Plaintiff
[5] The Plaintiff’s testimony was in pith and substance in line with her pleading. She testified that her husband Mr. Benjamin Duffuor at all material times was an employee of Bank of Ghana (BoG) as Deputy Manager of Other Financial Institutions Supervision Department and so her family at all material times lived in House No. 2, Flat 3, First Shippi Close at East Cantonment, Accra. She testified that officers of the 2nd Defendant at different times visited the Bank of Ghana flat where she lived with her family three times and the 1st Defendant who is an employee of the 2nd Defendant was part of the officials who visited the house on all the three occasions.
[6] The Plaintiff told the Court that o