Issa Vrs Verah Transport And Haulage Limited [2024] GHACC 294 (22 November 2024)

Issa Vrs Verah Transport And Haulage Limited [2024] GHACC 294 (22 November 2024)

The plaintiff failed to prove on a balance of probabilities that the injury occurred in the course of his employment or that offloading was within his scope of employment. The evidence did not establish that the injury arose out of and in the course of employment as required by the Workman’s Compensation Act. The plaintiff is not entitled to compensation or reimbursement of medical expenses.

Citation
Issa Vrs Verah Transport And Haulage Limited [2024] GHACC 294 (22 November 2024)
Parties
Plaintiff: Abdul Majeed Issa; Defendant: Verah Transport and Haulage Ltd
Court
ghacc
Jurisdiction
Ghana
Judgment Date
22 November 2024
Procedural Posture
Civil / Judgment
Outcome
plaintiff’s claims dismissed
Legal Topics
Workman’s Compensation, Personal Injury, Burden of Proof, Scope of Employment, Medical Evidence
Source Language
eng
Employment Law Tort Law Workman’s Compensation Personal Injury Burden of Proof Scope of Employment Medical Evidence

Case Brief

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Parties

Abdul Majeed Issa

Plaintiff

Verah Transport and Haulage Ltd

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff’s injury arose out of and in the course of his employment with the defendant company
  2. 2 Whether offloading goods was within the plaintiff’s scope of employment
  3. 3 Whether the plaintiff is entitled to compensation and medical expenses under the Workman’s Compensation Act, 1987 (PNDC Law 187)

Ratio Decidendi

The plaintiff failed to prove on a balance of probabilities that the injury occurred in the course of his employment or that offloading was within his scope of employment. The evidence did not establish that the injury arose out of and in the course of employment as required by the Workman’s Compensation Act. The plaintiff is not entitled to compensation or reimbursement of medical expenses.

Court Disposition

plaintiff’s claims dismissed

Orders

  • Plaintiff’s claims for compensation, medical expenses, interest, and costs are dismissed.
  • Costs of GHC2000.00 awarded against the plaintiff.