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
- Civil Procedure
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a negligence claim brought by parents against a security company and its driver for the death of their daughter in a road accident. The court dismissed the plaintiffs' claims, finding no credible evidence of negligence by the driver. The court relied heavily on the police accident report and emphasized the importance of evidence-based decision-making over sympathy. The case illustrates principles of burden of proof in negligence claims, the evidentiary value of official reports, and the limits of judicial sympathy in applying the law.
i. Introduction: [1] To lose a loved one is to be bereaved, and the emotional experience including coming to terms with the loss is in the realm of grief.
In this regard, the Plaintiffs as part of their grieving and to finally come to terms with the loss of their beloved daughter have brought this action against the Defendants herein for certain reliefs endorsed on the writ of summons.
This action arises out of a vehicle accident that occurred on August 24, 2016, when the Plaintiffs’daughter, Narki Oswell Narh (deceased) in the company of her friend Helen Oba Kintor (also deceased) were knocked down, sustained some injuries and subsequently succumbed to their injuries.
The accident occurred when the deceased was crossing the road as pedestrians at Labone Police Barracks, in Accra.
The vehicle was being driven by the 2nd Defendant, Michael Oduro, and owned by the 1st Defendant Westec Security Services.
The deceased sustained severe head trauma and was rushed to the Police Hospital for treatment.
Due to the severity of the injuries, she was later transferred to the 37 Military Hospital for further treatment but she died few days later in the course of receiving treatment.
A police accident report was prepared but there is no evidence that anyone was charged and prosecuted.
The Action: [2] On the 12th day of May 2017 the Plaintiffs caused the writ of summons accompanied by a statement of claim to issue against the Defendants for the following relief: (i) Damages of One Million Ghana Cedis (GH¢1, 000, 000. 00) for percuniary loss to each of the Defendant herein.
ii) Special damages of GH¢14, 146. 00.
iii) General damages for pain, mental shock and distress.
iv) Attorney fees assessed at 20% of the sums of the damages herein claimed or awarded; (v) Any further reliefs (s) as this Honourable Court may deem fit. [3] The Defendants entered appearance on May 30, 2017 and subsequently filed a Statement of Defence on July 14, 2017 and denied liability for the Plaintiff’s claim and counterclaimed for: i. Damages; ii.
Interest to be assessed thereon; and iii.
Costs. [4] The Plaintiffs filed a reply and defence to counterclaim on July 27, 2017. At the close of the Pleadings the Plaintiff filed application for directions on August 31, 2017 and set out the issues for the determination of the Court.
The Issues: On September 20, 2017 the parties agreed that the following issues be set down for determination by the Court: a. Whether or not the 2nd Defen