VICTOR OFOSU AIDOO v. ATO QUAGRAINE
2012
COURT OF APPEAL
GHANA
CORAM
- MARFUL- SAU, JA (PRESIDING)
- HONYENUGA, JA
- DENNIS ADJEI, JA
Areas of Law
- Tort Law
- Evidence Law
- Civil Procedure
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, constituted by Marful-Sau JA (presiding), Honyenuga JA, and Dennis Adjei JA, dismissed an appeal by the defendant/appellant challenging damages awarded by the High Court, Sekondi, for injuries suffered by a carpenter, the plaintiff/respondent, in a December 22, 2006 taxi accident allegedly caused by the appellant’s driver of vehicle WR 773 W. The appellant had admitted liability; the trial court assessed damages based on the respondent’s unchallenged evidence, including testimonies from his wife and Dr. Tawiah Siameh of Effia Nkwanta Hospital. The Court of Appeal, applying Standard Chartered Bank (Ghana) Ltd v. Nelson, re-examined each head—special damages, nursing care, extra nourishment, loss of earnings, loss of future earnings, and pain and suffering/loss of amenities—finding each reasonable and supported by evidence or appropriate formulas (including purchase-of-life with a 50% contingency). The awards and costs (GHC 2,500) were affirmed; the appeal was dismissed.
MARFUL- SAU, JA: -
This appeal is against the judgment of the High Court sitting at Sekondi on the 17th November, 2010. The Notice of Appeal which is at page 123 of the record of appeal has one ground of appeal namely that ‘’ the damages awarded are excessive and unreasonable and have no basis in law.’’
The facts of the case are simply that the plaintiff/ respondent, hereinafter referred to as respondent, a carpenter by profession was injured in an accident when vehicle No. GR 5086 U, a taxi- cab in which he was travelling was involved in a fatal accident allegedly caused by the driver of vehicle No. WR 773 W owned by the defendant /appellant herein, who will be referred to as appellant in this judgment. The accident occurred on the 22nd December 2006 and the respondent was admitted in the hospital for 14 days due to the serious injuries he suffered.
By the writ of summons issued on the 10th January 2008, the respondent claimed from the appellant general and special damages for injuries and loss suffered as a result of the negligence of appellant’s driver. Even though the appellant filed a statement of defence to the writ and statement of claim, the record of appeal reveals at page 48 that the appellant admitted liability for the accident and what the trial court had to do was to set the case down for damages to be assessed. Evidence was thus led by the respondent to prove the damages he had suffered as a result of the accident caused by the negligence of appellant’s driver.
The respondent testified and did call three witnesses including his wife and the medical doctor who took care of the respondent at the Effia Nkwanta Hospital in Sekondi. At the close of respondent case the appellant indicated through his lawyer that he will not lead evidence on the assessment of damages. Accordingly, the trial court proceeded and entered judgment for the respondent awarding the following damages:-
Special Damages GHC 3,600 .00
Loss of Earnings GHC 33,600.00
Loss of Future Earnings GHC 42,000.00
Pain and Suffering & Loss of Amenities GHC 30,000.00
Nursing Care GHC 140.00
Extra Nourishment GHC 140.00
The total damages awarded was GHC 109, 480.00. The court then awarded costs of GHC 2,500.00. It is against these awards of damages that the appellant has appealed to this court praying that the awards be reversed. As observed earlier the only ground of appeal is that the damages are excessive, unreasonable and have no basis in law. What I need to do in this judgme