MAVIS BASARE (Suing for Herself and as Next friend Of SOPHIA INDO) vs KWESI SARKWA
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWABENA ASUMAN-ADU
Areas of Law
- Tort Law
- Civil Procedure
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff, Mavis Basare, filed a suit on her own behalf and for her daughter, Sophia Indo, against Kwesi Sarkwa for negligence after they were knocked down by his vehicle, resulting in severe injuries. The defendant contested the negligence charge, suggesting contributory negligence by the plaintiff and her daughter. The court found the defendant negligent and ordered him to pay both special and general damages amounting to GH¢29,300.00 to the plaintiff and GH¢30,000.00 to Sophia Indo. The case referred to several prior decisions for principles on negligence, contributory negligence, special and general damages, and evidence requirements.
The plaintiff commenced the instant action on her own behalf and as the next friend of Sophia Indo against the Attorney General on 17th October, 2012 for special and general damages for being run down by a vehicle which was being driven by Kwesi Sarkwa at the time of the accident on 4th September, 2010 at about 4:50 am.
The Attorney General filed a statement of defence on 14th December, 2012 denying plaintiff’s claim and stating that at the time of the accident the vehicle had been auctioned to one William O. Mensah.
This implies that the defendant lied to the police when he told the police that the owner of the vehicle was BNI, Ghana.
This explains why in spite of the fact that the vehicle had not been insured he was not charged with driving an uninsured vehicle.
On 13th March, 2013 the plaintiff filed an amended writ of summons and statement of defence joining Kwasi Sarkwa as the 2nd defendant.
On 25th November, 2013, the 2nd defendant filed his statement of defence denying plaintiff’s claim.
On 9th March 2015 the defendant filed an amended statement of defence pursuant to this court’s order.
Later the suit was discontinued against the Attorney General leaving the said Kwesi Sarkwa as the only defendant.
The plaintiff’s claim against the defendant is as follows:
A. SPECIAL DAMAGES – MAVIS BASARE
(1) Medical expenses GHS 501.00
(2) Transport expenses GHS 300.00
(3) Miscellaneous expenses GHS 500.00
B. SPECIAL DAMAGES – SOPHIA INDO
(1) Medical expenses GHS 1343.70
(2) Transport expenses GHS 500.00
(3) Miscellaneous expenses GHS 500.00
C. GENERAL DAMAGES – MAVIS BASARE
(1) Loss of earnings
(2) Expenses on maidservant
(3) Pain and suffering
(4) Loss of amenities
(5) Hardship and inconvenience
D. GENERAL DAMAGES – SOPHIA INDO
(1) Pain and suffering
(2) Hardship and inconvenience
(3) Loss of amenities
(4) Loss of school hours
(5) Loss of future prospect of life
(6) Loss of dependency
Plaintiff’s case as presented in her amended statement of claim filed on 13th March 2013 is that she is a trader aged 32 years at the time the suit was filed earning GH¢ 1320.00 per month.
She is also the mother of Sophia Indo who was aged 12 years at the time the suit was filed.
The plaintiff brings the instant action on her own behalf and as a next friend of her daughter, Sophia Indo.
At the time of the accident, Sophia Indo was a pupil of Oregn International School at Kasoa and was in Junior High School grade 2.
The plaintiff avers that on the