FAKAA v. DUAH AND ANOTHER
1966
HIGH COURT
GHANA
CORAM
- HAYFRON-BENJAMIN J
Areas of Law
- Tort Law
- Civil Procedure
1966
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sued the defendants for negligence resulting in the death of Adjoah Fumah. The court held that the second defendant was negligent and his plea of guilty in the criminal case supported the civil liability. The court also found that a purported settlement with the insurer was not valid without court approval. Damages were awarded based on the loss to each of the deceased's dependents.
JUDGMENT OF HAYFRON-BENJAMIN J.
The plaintiff claims as administratrix of the estate of Adjoah Fumah of Nyame, for herself and twelve dependents against the defendants jointly and severally, the sum of £G5,000 whereof £G350 represents special damages and £G4,650 represents general damages, for the negligence of the second defendant in [p.396] negligently driving the first defendant's taxi car No. AT 2812. The claim was later amended and raised to £G6,000.
The plaintiff's case is that, on 2 April 1965 at about 8.30 p.m. Adjoah Fumah was walking towards New Drobo along the grass verge bordering the offside portion of the Japekrom—New Drobo road when she was struck by the taxi car belonging to the first defendant and driven by the second defendant which was also travelling in the same direction along the same road towards New Drobo. As a result of being struck and knocked down, the said Adjoah Fumah received fatal injuries. The accident, the plaintiff claims, was due to the negligence of the second defendant who was then acting in the course of his employment as a driver and servant of the first defendant. The second defendant was prosecuted on charges of careless driving and negligently causing harm to Adjoah Fumah before the District Court, Berekum, on 3 May 1965. He admitted liability in open court by pleading guilty to both charges. The plaintiff relies inter alia on the doctrine of res ipsa loquitur.
Adjoah Fumah was 40 years old just prior to her death and was in very good health. She was in receipt, the plaintiff claims, of an annual net income of at least £G500 from farming and the selling of foodstuffs; and she spent not less than £G300 per year on her dependents who numbered thirteen. As a result of her death, these dependents have lost the benefit of the maintenance and support given by the deceased to them; and they have all suffered mental distress. The hospital, transport and funeral expenses total £G350.
The defendants deny negligence and contend that the second defendant, who was admittedly in charge of the vehicle, swerved to the offside to avoid knocking down a cyclist who suddenly crossed the road in front of the taxi. It was, they say, during this process that Adjoah Fumah, the deceased was knocked down. They deny that there is any room for the application of the doctrine of res ipsa loquitur and further deny that they are estopped from denying negligence in a civil action by virtue of the plea of guilty to criminal charges of carele