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JUDGMENT
1.0 By his amended writ of summons and statement of claim, the plaintiff claims the
following reliefs;
a) Demand for compensation payment of Nine Hundred Thousand Ghana cedis
(GHS900,000,00) for injuries sustained from the unlawful shooting of the plaintiff
at Aflao by BDR/CPL Ebenezer Sackey with number 190794 of 66 Artillery Regiment, Ho of the Ghana Armed Forces under the Ministry of Defence on the
22nd October 2010 in the company of Asongiba Sadat of Ghana Immigration
Service, Aflao and;
b) 10% of solicitors fees and costs.
2.0 According to the plaintiff, on 22nd October 2010, he drove an opel taxi cab from
Aflao to Denu. In the process, he was stopped by one Cpl Ebenezer Sackey of the
66 Artillery Regiment, Ho, who was in the company of the 3rd Defendant, an
immigration officer. Plaintiff claims that he went down on both knees and raised
his hands in a position of surrender; and yet, he was shot at close range by Cpl
Ebenezer Sackey without any provocation.
3.0 It is the further case of plaintiff that he was hospitalised at the Ketu South
Government Hospital where he received treatment for several days and thereafter
continued to receive treatment at the Volta Regional Hospital. Plaintiff claims he
also suffered severe physical and mental trauma as a result of the shooting which
led to his being taken to a prayer camp. Plaintiff further claims he was treated by
the Psychiatric Unit of the Ketu District Hospital for mental disorders sufferred as
a result of the shooting incident which made it impossible for him to commence
this action within the statutory period of three years.
4.0 The defendants filed a further amended statement of defence in which they stated
that on 22nd October 2010, a joint team of military and immigration officers were
on duty at the Aflao Border to curb the activities of criminals when the plaintiff
was spotted driving a taxi with registration number AS 9287X. Based on their
suspicion that plaintiff was carrying illegal immigrants across the Lome-Togo
border to Ghana through an unapproved route, the plaintiff was stopped but he
refused to stop. According to defendants, plaintiff was pursued to the Aflao Lorry
park where he refused to comply with the lawful commands issued by the officers. When a mob began to gather at the spot, plaintiff recklessly tried to disarm one of
the officers which led to an accidental discharge of the officers weapon resulting
in injury to plaintff. It is the defendants’ c