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FIBRE BAG MANUFACTURING CO. v. SARPONG

November 27, 1967

COURT OF APPEAL

Areas of Law

  • Tort Law
  • Employment Law
  • Civil Procedure

AI Generated Summary

This Ghana Court of Appeal case concerns a catastrophic industrial injury at a fibre bag manufacturing plant in Kumasi. A 21‑year‑old cleaner, instructed to emulate experienced workers, cleaned the ‘finisher cards’ machine by pressing a short broom against its rotating rollers. The broom was seized and both of his hands were drawn into the machine, causing traumatic amputation of his right hand and permanent impairment to his left. The defendants contended workers were told to clean only when the machine was stopped; the trial judge found, on credible testimony, that cleaners were required to clean while the machine ran and that supervision was lacking. The appellate court upheld liability under common law and section 28 of the Factories Ordinance, rejected contributory negligence, and adjusted general damages from ¢15,000 to ¢9,000, preserving comparability and fairness in personal injury awards.

JUDGMENT