KWAKU ACHEAMPONG v. FASAT CONSTRUCTION CO. LTD & ANOTHER
2013
COURT OF APPEAL
GHANA
CORAM
- ASARE-KORANG, JA (PRESIDING)
- ACQUAYE JA
- DZAMEFE, JA
Areas of Law
- Workmens Compensation
- Employee and Employer Obligations
- Tort Law
- Vicarious Liability
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The court upheld the trial court's decision, holding the first appellant vicariously liable for the harm caused to the plaintiff. The respondent was entitled to compensation and a prosthetic hand as per the Workmens Compensation Act 1987 (PNDCL 187). The court dismissed the appellants' appeal and maintained the compensation amount determined by the trial judge.
JUDGMENT
DZAMEFE, JA
The respondent in this appeal, a twenty two year old unemployed with half amputed right hand, which happened when he was only 16 years old, issued this writ of summons against the appellant for the following reliefs;-
Declaration by the court that the plaintiff was at the time of the accident a minor and was never made officially an employee of the defendant’s company but an apprentice and therefore was never paid an official salary.
Declaration that the injury sustained by him on 25th April 2002 was in course of his working for the defendant in course of his apprenticeship.
Declaration that as an apprentice who suffered the injury in course of working for the defendant, in addition to the defendant having borne all his medial bills and maintained him up to 23rd December 2007, the defendant is still liable to bear the full cost of having the appropriate prosthetic device fixed for him abroad as the Medical Officer has adviced.
Declaration that for the fact that the injury sustained has made him incapacitated for life at such a tender age resulting in his limitation of improving upon his life as well as affecting even his prospects of marriage, the defendant is liable to pay him a heavy compensation of not less than Gh¢50,000 to insure him against a reasonable livelihood
Interlocutory injunction to restrain the defendant from throwing out the plaintiff from the one room in the defendant’s mother’s house at Labadi he has been made to occupy since 1999 pending the determination of the suit and payment of compensation to him to enable him to find a place of his own
Orders to the defendant to continue to pay the defendant the maintenance money he had been paying with appreciating increase to reflect the rising cost of living pending the determination of the suit.
The facts of the case as stated by him are that he is an orphan and his auntie brought him to Accra from the village in 1999, and entrusted him to the defendant to learn masonry. The 1st defendant is the managing director of Fasat Construction Company Limited which engages in building. The 1st defendant accommodated he and four others in the mother’s house at Labadi and paid him Gh¢0.17 for his wages and upkeep for jobs done by him at various construction sites of the company. This payment got increased to Gh¢0.50.
On 25th April 2002 the respondent unfortunately had an accident and had his right hand caught in the concrete mixing machine while he was cleaning same after c