IBRAHIM MUSTAPHA ISSAH v. KORLE BU TEACHING HOSPITAL
March 12, 2020
COURT OF APPEAL
GHANA
CORAM
- OFOE , JA (PRESIDING)
- HONYENUGA, JA .
- GAISIE J.A
Areas of Law
- Civil Procedure
- Tort Law
- Health Law
March 12, 2020
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Amma A. Gaisie, JA, reviewed a default judgment entered by the High Court, Accra, in a medical negligence suit against Korle Bu Teaching Hospital. The Plaintiff, injured in a 2016 accident and treated at Korle Bu, alleged negligent surgical care causing permanent pain, mobility limitations, and reduced income from his farming. He had claimed GH¢5,000,000 compensation and related reliefs, but the High Court ultimately awarded GH¢5,000 for pain, GH¢7,000 general damages, and GH¢3,000 costs, without a record showing proof of reliefs. On appeal, Ground 1 (against the weight of evidence) was dismissed because no evidence was led in the default-judgment context. Interpreting Order 10 rule 6(1) of C.I. 47 and applying Supreme Court authorities, the appellate court held the plaintiff must lead evidence and, due to an insufficient record and procedural lapses, remitted the matter to the High Court for rehearing before a different judge.
J U D G M E N T
AMMA A. GAISIE, JA:
This appeal is against the judgment of the High Court, Accra, dated the 11th day of January, 2018 by which the High Court made various awards as compensation and damages to the Appellant.
The Appellant, then Plaintiff, issued out of the High Court a Writ of Summons on 10th August, 2017 in which he made the following claims:-
“1) An order for compensation for the unbearable pain Plaintiff
continues to endure and loss of income as at Five Million Ghana
Cedis (GH¢5,000,000.00).
An order for the payment of general damages for negligence.
An order directed at Defendant to remedy the permanent condition Plaintiff is put into or in the alternative to relief (3) payment for cost of all remedial services sufficient to put Plaintiff in sufficiently better state.
Cost reflecting cost of the instant suit”.
It is the Plaintiff’s case that in May 2016, he was involved in an accident and sustained a minor fracture on his hip bone. He received medical attention at the Korle Bu Teaching Hospital, the Respondent, where he claims something was used to hold the fracture for a few months after which it would be removed by a surgery. Plaintiff asserts that he was handled so negligently by the Respondent staff that he now has difficulty in walking, in standing for a long time and in working, so that his earnings from his farming activities have reduced substantially.
Particulars of Negligence alleged against the Respondent were as follows:-
“a) Defendant officers refused to undertake the surgery at the time that they ought to have done same, due to Plaintiff’s refusal to perform the “customary obligations”.
b) Performed the surgery almost against the expressed wishes of Plaintiff.
c) Poorly and negligently performed the surgery which is causing Plaintiff permanent pain.
d) Performed the surgery with an outcome completely different from what Plaintiff was informed of prior to undertaking the said surgery”.
A study of the Record of Appeal reveals that although the Respondent was served with the Writ of Summons and Statement of Claim on 16th August, 2017 they failed to enter appearance or file any other process. See the Search Result filed on 6th September, 2017 and 11th October, 2017 at pages 5 and 12 respectively, of the Record.
The Appellant therefore filed a Motion Ex-parte for Judgment in default of Appearance on 13th September, 2017 (Page 8-9 of the Record) and on 18th October, 2017, the trial Court granted, in fav