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ROSE LAGAH & ANOR VS LORD JEFFERY BOATENG & ANOR

June 18, 2024

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE PATRICIA QUANSAH

Areas of Law

  • Tort Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

This High Court judgment by Her Ladyship Justice Patricia Quansah concerns the fatal collision that killed 25‑year‑old electrical contractor Etse Azumah at Community 10, Tema, at about 3:40 a.m. on April 23, 2012. The Plaintiffs, administrators of Azumah’s estate, sued driver Jeffery Boateng (1st Defendant) and vehicle owner (2nd Defendant), alleging negligence and vicarious liability. A police report and post‑mortem showed death from head injury; DVLA’s Senior Technician Engineer, Robert Kwaku Asafo, produced official records showing the Toyota Corolla GS 7110‑10 was registered to the 2nd Defendant during the material period, and she admitted ownership under cross‑examination. Applying res ipsa loquitur, the Court found the 1st Defendant negligent and, given ownership and failure to rebut, held the 2nd Defendant vicariously liable. Special damages were proven only to GH¢1,200 with interest; claims for dependency and future income failed for lack of proof. The Court awarded GH¢120,000 general damages for loss of expectation of life and pain and suffering, plus GH¢30,000 costs.

JUDGMENT