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DIVINE TETTEH NARH & ANOR VS WESTEC SECURITY SERVICES LIMITED & ANOR

2018

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO

Areas of Law

  • Tort Law
  • Evidence Law

AI Generated Summary

Justice Kweku T. Ackaah-Boafo of the Ghana High Court adjudicated a wrongful death and negligence action brought by parents Tetteh Narh and his wife against Westec Security Services and its driver, Michael Oduro, after their 16-year-old daughter, Oswell Narkie Narh, and her friend, Helen Oba Kintor, were fatally struck near the Labone Police Barracks in Accra on 24 August 2016. The Plaintiffs alleged excessive speed and reckless driving and invoked res ipsa loquitur, while Oduro testified he maneuvered from behind a stationary tro-tro and immediately braked when the pedestrians emerged from his blind side. Emphasizing the Plaintiffs’ burden under the Evidence Act and according probative weight to the police accident report, the court found no credible evidence of negligence, held vicarious liability inapplicable, and dismissed all claims and the Defendants’ unsupported counterclaim, making no order as to costs.

JUDGMENT