EMMANUEL CHARWAY v. KWAME TWENEBOAH KODUAH & ANOTHER
2018
COURT OF APPEAL
GHANA
CORAM
- K. A. ACQUAYE JA (PRESIDING)
- S. K. GYAN JA
- M. M. AGYEMANG (MRS.) JA
Areas of Law
- Tort Law
- Civil Liability
- Assessment of Damages
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves an appeal against the quantum of damages awarded by a trial court following a fatal accident caused by the negligence of the defendants. The trial court awarded general damages but refused special damages claimed for funeral expenses. The appellant seeks to enhance the damages and costs awarded. The appellate court evaluates the principles guiding the assessment of damages, especially for loss of dependency, and makes its own assessment based on the evidence and relevant legal principles.
AGYEMANG JA:
This is an appeal against the quantum of damages awarded by the learned trial judge in a suit instituted in respect of a running down incident[MMA1] . The incident resulted in the death of two persons: one Patience Dede a twenty-seven year old trader of Kukurantumi in the Eastern Region of Ghana, and her two-year old son David Awugya. She was a mother of two and was survived by her eight year old son and two aged parents. The judgment of the High Court, Koforidua, in favour of the plaintiff, was delivered on the 8th day of June, 2017. The court, following the finding of negligence on the part of the defendants proceeded to award damages. The award of damages is the subject of this appeal in which the plaintiff, seeks three reliefs:
a. An order varying and enhancing damages awarded to the plaintiff/appellant to adequately compensate for the loss of the breadwinner;
b. An order for special damages to be awarded to the plaintiff for expenses incurred towards the funeral of both his daughter and grandson;
c. An order of this court, varying and enhancing the costs of GHC1000 awarded to the plaintiff.
The plaintiff/appellant is hereafter referred to alternately as the plaintiff, or the appellant, and the defendants/respondents: as the defendants, or the respondents.
These are the matters antecedent to the instant appeal.
The plaintiff brought suit at the court below seeking against the defendants, general and special damages for negligently causing the deaths of his daughter and grandson: Patience Dede and David Awugya. The plaintiff pleaded and led evidence to show that the deaths of Patience Dede and David Awugya were caused by the second defendant.
It was the case of the plaintiff that while in the course of his employment as commercial driver of the first defendant, the second defendant drove his vehicle so negligently as to knock down Patience Dede and her two year old son David Awugya, pedestrians who were standing on the shoulder of the road at Kukurantumi in the Eastern Region. The act was said to have been in breach of the duty of care he owed to the said road users, The deceased Patience Dede who was unmarried at the time of her death, was said to be the breadwinner of her family, as well as provider for her aged parents.
The plaintiff sought general damages under the said heads of damage:
Compensation for pain and suffering;
Loss of expectation of life;
Loss of consortium;
Loss of prospective earning;
Funeral expenses.
He