IBRAHIM AYOMIKU AZEEZ v. ROYAL RICHESTER HOTEL
2018
HIGH COURT
GHANA
CORAM
- KWEKU T. ACKAAH-BOAFO
Areas of Law
- Tort Law
- Evidence Law
- Civil Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sued the Defendant for damages resulting from a fire outbreak at the Defendants hotel. Although the Defendant initially contested, they failed to appear at subsequent hearings. The court found that the Plaintiff did not sufficiently prove the Defendant's negligence but awarded partial compensation for medical expenses and inconvenience. Claims for significant damages such as future medical bills, emotional distress, and lost items were dismissed.
JUDGMENT
Introduction:
[A] The Action
[1] Per an Amended Writ of Summons sealed in this registry on April 21, 2016 the Plaintiff claimed against the Defendant:-
a) The sum of Gh¢ 300,000.00 (three hundred thousand ghana cedis) being general damages for injuries suffered as a result of the fire outbreak in defendant’s hotel.
b) An Order that Defendant pays for the future medical bills of Plaintiff with respect to injuries suffered as a result of the fire outbreak.
c) General damages for emotional stress suffered as a result of the fire outbreak at Defendant’s hotel.
d) Special damages in the sum of £49,620.61 or the cedi equivalent at the prevailing commercial bank lending rate and same being;
(i) Monthly income of £2,693.35 for six (6) months in the sum of £16,161.10
(ii) The sum of £2,460.51 or the cedi equivalent being hospital bills incurred during Plaintiff’s treatment in London
(iii) The sum of £2,000.00 or equivalent being cost of travel tickets from Accra to London for medical treatment
(iv) The sum of £19,000.00 or cedi equivalent being total cost of items missing in Plaintiff’s room during the fire outbreak;
(v) The sum of £5,000 or the cedi equivalent being cost of hiring of vehicles to transport Plaintiff and children to school in London due to Plaintiff’s inability to drive as a result of the injuries sustained during the fire outbreak.
e) Cost including the Lawyer’s fees.
[2] A statement of claim accompanied the writ filed. The claim of the Plaintiff was met with a statement of defence by the Defendant in which the Plaintiff’s claim was vehemently denied. The Defendant substantially denied all the allegations and claims of the Plaintiff. It was averred in paragraphs 5, 7 and 8 of the Amended Statement of Defence in particular that:
“5. The Defendant further says that the occupants of the rooms including the Plaintiff were offered a ladder to scale down safely but the Plaintiff decided to jump instead. In fact his other colleagues in the other rooms who used the ladder did not sustain any injuries.
7. The fire was from an air condition installed within the premises where the defendant lodged at the hotel. The air conditioners and other electrical appliance at the hotel were serviced and maintained and in good state of repair and condition.
8. The fire was the result of surge in electricity supplied by the Electricity Company of Ghana (ECG) to the hotel. Power surges and fluctuations are frequent in the area where the ho