NYAME BEKYERE SAWMILLS LTD. & 2 ORS. v. GHANA RED CROSS SOCIETY & ANOR.
2013
COURT OF APPEAL
GHANA
CORAM
- OWUSU M., J.A. (PRESIDING)
- GYAESAYOR, J.A.
- DORDZIE, J.A
Areas of Law
- Tort Law
- Evidence Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolves around a judgment by the High Court, Accra, favoring the 1st and 3rd Plaintiffs, which the defendants appealed. The core issue was a vehicular accident in which the 2nd Defendant was found negligent, leading to damages and injuries to the plaintiffs. The defendants appealed on grounds that their case was not adequately considered. Additionally, the 2nd Plaintiff filed a cross-appeal contesting the dismissal of his claim. The Court of Appeal upheld the High Court's decision, concluding that sufficient evidence supported the original ruling. Several legal principles were reinforced, particularly regarding the reliance on prosecution evidence in civil claims and the nature of general damages. The appeal was dismissed, affirming the awards for the 1st and 3rd Plaintiffs and entering judgment for the 2nd Plaintiff in his cross-appeal.
MARIAMA OWUSU, J.A:
On 29th May 2009, the High Court, Accra, gave judgment for the 1st and 3rd Plaintiffs and dismissed the 2nd Plaintiff’s claim as not proved.
The Court held among other things as follows;
“I thereby enter judgment that 1st Plaintiff recover the sum of GH¢20,000. Plus interest of 10% per annum from 6th April 2006 to 29th May 2009.
I award costs in the sum GH¢1,000.00 in favour of the 1st Plaintiff as against the 1st Defendant. Further the 3rd Plaintiff is at liberty to recover the sum of GH¢1,200.00 to cover the medical expenses that the original Plaintiff incurred.
I award costs of GH¢400.00 in favour of the 3rd Plaintiff as against 1st Defendant.
I dismiss the claims of the 2nd Plaintiff”.
Dissatisfied with the decision of the High Court, the defendants appealed to the Court of Appeal on the following grounds:
[a] That the learned trial judge erred in law by failing to adequately consider the defendants’ case.
[b] Additional grounds of appeal will be filed upon receipt of the record of proceedings.
The reliefs sought from this court are;
1. To set aside the judgment and enter judgment in favour of the Defendants/Appellants.
2. To set aside the cost awarded against the Defendants and award cost in favour of the Defendants/Appellants.
Before dealing with the arguments advanced in support and against this appeal, I will give a brief background of this case.
The plaintiffs by their writ of summons claim the following;
(a) General Damages for personal injuries and suffering, loss of amenities of life and prospective Loss of earnings suffered by 2nd and 3rd defendants.
(b) Special damages for the replacement of the Mercedes Benz Motor Vehicle with registration number GR 2999 S at the cost of ¢200,000,000.
(c) Special damages suffered by the 2nd plaintiff and 3rd plaintiff from the date of the said accident until the date of judgment.
(d) Interest thereon from the date of order until the date of payment at the prevailing bank rate.
(e) Costs and such further order or orders as this Honourable Court deems fit.
In the statement of claim that accompanied the writ of summons, the plaintiffs averred that it is a Limited Liability Company and owner of Mercedes Benz Saloon car with registration No. GR 2999 S. The 2nd plaintiff was an employee of the 1st plaintiff and driver of 1st plaintiff said Mercedes Benz car. Whilst the 3rd plaintiff was at all times material to this action the wife of the Managing Director of 1st plain