DR. GODSON AHORTOR VS PROMISE KWESI BEUNOTTE AHAFIANYO
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE SOPHIA ROSETTA BERNASKO ESSAH (MRS.)
Areas of Law
- Tort Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, representing the estate of the deceased Prince Agudza, sued the Defendant for causing Agudza’s death by negligent driving. Agudza was killed when the Defendant lost control of his vehicle and crashed. The court found that the Defendant breached his duty of care, establishing negligence and applying the doctrine of Res Ipsa Loquitur. The court assessed damages for loss of dependency, loss of expectation of life, and mental distress, awarding a total of GH¢286,125.00 to the Plaintiff.
On the 28th of January 2016, the Plaintiff herein, as Personal Representative of the late Prince Agudza, commenced this action against the Defendant seeking the following reliefs:
1. General damages of GHS 500,000 for negligently causing the death of the late Prince Agudza:
a. Compensation for the surviving mother
b. Compensation for the surviving spouse
c. Compensation for the three surviving children
d. Compensation for pain and suffering
e. Loss of expectation of life
f. Loss of prospective dependency
g. Funeral expenses
h. Loss of earnings/income.
2. Special Damages:
a. Medical expenses
The Plaintiff, who is also a Lecturer at the Department of Study of Religion, University of Ghana, Legon, alleges that on 15th February 2015, at about 1:45 pm, the Defendant, an employee of Stanbic Bank, as owner and driver of a Toyota Matrix vehicle with Registration Number GN3204-11, drove his vehicle at such an excessive speed at a sharp curve at Yorkutikpo on the Sogakope-Adidome road that he lost control of the vehicle, crashed into an electric pole, and knocked down Prince Agudza, who was riding his motorbike on the pedestrian lane of the road, killing him instantly.
The deceased, who was 35 years old at the time and a Headmaster of a school, was on his way home from church when the incident occurred. The body was taken to Adidome Government Hospital for preservation and subsequently released to the family for burial after a post-mortem examination had been conducted on the body.
The deceased, at the time of his death, was the breadwinner of the family and had the following dependents:
- Grace Alima Ahortor – Mother - 67 years
- Janet Tekppor - Wife - 33 years
- Agudza Ethel - Daughter - 7 years
- Agudza Jessica - Daughter - 5 years
- Agudza Caleb - Son - 3 years
He further alleges that the Defendant was fully in control of the vehicle and could have prevented the incident that resulted in the death of the late Prince Agudza if he had exercised reasonable care and skill expected of a reasonable driver driving on a major road.
The accident was caused by the negligence of the Defendant in that he failed to exercise due care and skill while driving on a busy road; or in the alternative, the Plaintiff would rely on the doctrine of Res Ipsa Loquitur to establish the negligence of the Defendant.
The Plaintiff contends that incidents of this nature would ordinarily not happen in the normal course of driving unless the driver was negligent, an