Mumuni Yusif v. Gaby Mouganie
2018
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO
Areas of Law
- Civil Procedure
- Employment Law
- Evidence Law
- Tort Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, representing the estate of the deceased Safia Seidu, sued the Defendant for wrongful death caused by the Defendant’s security guard employee, seeking compensation. The Court found that the Defendant was not liable, concluding Safia was off-duty and the guard was employed by an independent security firm. The Plaintiff could not prove negligence or vicarious liability. The case was dismissed.
The Plaintiff instituted an action in this Court on 12th January, 2017, against the Defendant for the following reliefs: i. Damages to cover the educational expenses of deceased‟s two children up to the age of 18 years.
Compensation for the unlawful death of the deceased caused by defendant‟s employee.
Costs including lawyers‟ fees.
A summation of the Plaintiff‟s grievance, per his Statement of Claim, is as follows: The Plaintiff states that he is the maternal uncle of one Safia Seidu, also known as Nashat aged 25, who died on 22nd April, 2015. The Plaintiff further states that he brings this action as one of the administrators of the estate of the deceased, who was survived by her parents and two children, aged 5 and 7 years.
According to the Plaintiff, before the demise of her niece, the deceased was an employee (house-help) of the Defendant.
That the Defendant also had an employee by name, Rahman Adams, who lived in the house of the Defendant with the deceased.
That the deceased died on Wednesday 22nd April, 2015, by reason of wounds she sustained as inflicted upon her by the said Rahman Adams following a scuffle.
According to the Plaintiff, the said Rahman Adams subsequently absconded from the house of the Defendant.
In paragraph 10 of his Statement of Claim, the Plaintiff avers that “the estate of the deceased is entitled to substantial compensation to look after the 2 (two) children of the deceased, namely Razak 7 (seven) and Zakia 5 (five) years through school and the general livelihood of the children. ”The Plaintiff concludes by saying that since the demise of his niece, the Defendant has given her family only GHC800. 00 and the Defendant will not make adequate funds available for the upkeep and education of the children of the deceased unless this Court intervenes.
The Defendant, through his Counsel, entered conditional appearance on 20th January, 2018, and filed his defence on 8th of February, 2017. In his Statement of Defence, the Defendant denied almost all the material averments of the Plaintiff.
In paragraph 5 of his defence, the Defendant admits that the deceased was in his employment as a house-help of his wife for a few months before her demise, though she was off-duty at the time of her demise.
According to the Defendant, the incidents of that day leading to her death occurred whilst he and his family were on board a flight to South Africa.
That he got the news of what had actually transpired when he arrived in South Africa a