WILLIAM NKANSAH (Suing per his next friend DAVID SARFO) v AGATHA ANNAN & ANOR
April 11, 2022
Areas of Law
- Tort Law
- Civil Procedure
- Insurance Law
- Evidence Law
AI Generated Summary
This High Court judgment by Justice Justin Kofi Dorgu arises from a catastrophic road traffic accident at Oyarifa Ghana Flag in May 2018, in which a Toyota Hiace Bus (GN 589-18) driven by Yaw Ane knocked down pedestrian William Nkansah. Nkansah, represented by next friend David Sarfo due to profound neurological impairment, sued the vehicle owner (1st Defendant), the driver (3rd Defendant, later referred to as 2nd after the insurer was disjoined), and initially an insurer, seeking damages and future care costs. Relying on admissions in the pleadings, a criminal conviction of the driver for careless and inconsiderate driving and negligently causing harm, and extensive medical documentation showing 78% permanent neurological deficit, the court granted summary judgment under Order 14 rule 1 (C.I. 47). Applying established principles on special and general damages, the court awarded GH5,204.30 in special damages, GH4,100,000 in general damages across pain and suffering, loss of amenities, disfigurement, transport, and future income, and GH20,000 costs, holding the owner vicariously liable.