JUDGMENT OF OWUSU-ADDO J.
The plaintiff who was employed as a Dolmar machine operator by the defendants, a renowned timber company, is claiming ¢40,000 damages for the injuries he sustained in the course of his employment as a result of alleged failure of the defendants to provide a safe system of work.
On 3 October 1977, the plaintiff filed a statement of claim in this suit. The relevant paragraphs setting out his claim which was founded on negligence are:
"(4) The said injuries and loss and damages were occasioned to the plaintiff by reason of a breach on the part of the defendants, their servants or agents of their statutory duties under the Factories, Offices and Shops Act, 1970 (Act 328).
Particulars
(a) Failing to provide proper supervision to enable work to be carried out without unnecessary risk to the plaintiff.
(b) Failing to provide a safe system of work.
(c) Failing to give warning in time for the plaintiff to run away from the direction of the falling tree.
(5) Further or in the alternative the said injuries, loss and damages were occasioned to the plaintiff by reason of the negligence on the part of the defendants, their servants or agents.
Particulars
(a) Falling to take any or adequate precautions for the safety of the plaintiff while he was engaged upon the said tree felling.
(b) Exposing plaintiff to a risk or damages or injuries of which they knew or ought to have known;
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(c) The plaintiff repeats the particulars set out under paragraph (4) hereof as constituting a failure on the part of the defendants to provide sufficiently safe, suitable and adequate working system for the plaintiff to work.
(d) Failure to provide a safe working system at the said tree felling concession. A safe working system would have been to take reasonable precautions to ensure that proper warning was given to the plaintiff as to the direction in which the tree was falling."
The plaintiff did, inter ali, give particulars of special damage, covering various sums of money he had expended on transport, accommodation and food during his hospitalisation at Hwidiem, Okomfo Anokye, Korle-Bu and the Accra Military Hospitals and loss of earnings.
The defendants on the other hand denied liability and averred in their statement of defence that the accident was due wholly to or substantially contributed to by the plaintiff's negligence. In paragraph (6) thereof they averred: "6. The defendants say that their liability to the plaintiff, if any, is cov
