Squire Vrs Namang and Another [2022] GHAHC 16 (12 December 2022)

Squire Vrs Namang and Another [2022] GHAHC 16 (12 December 2022)

The 2nd Defendant, having failed to contest the case, is deemed to have admitted the Plaintiff’s evidence. The 1st Defendant, as employee of the 2nd Defendant, caused the accident in the course of employment, making the 2nd Defendant vicariously liable for the Plaintiff’s losses.

Citation
[2022] GHAHC 16
Parties
Plaintiff: Effie Lenz-Squire; 1st Defendant: Solomon Namang; 2nd Defendant: DBS Industries Limited
Court
High Court
Jurisdiction
Ghana
Judgment Date
12 December 2022
Procedural Posture
Civil / Judgment After Interlocutory Judgment and Ex Parte Hearing
Outcome
Judgment for Plaintiff against Defendants
Legal Topics
Negligence, Vicarious Liability, Damages
Source Language
English
Tort Employment Law Negligence Vicarious Liability Damages

Case Brief

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Parties

Effie Lenz-Squire

Plaintiff

Solomon Namang

1st Defendant

DBS Industries Limited

2nd Defendant

Procedural Posture

Civil / Judgment After Interlocutory Judgment and Ex Parte Hearing

Legal Issues

  1. 1 Whether the Defendants are liable for damages caused to the Plaintiff’s vehicle
  2. 2 Whether the 2nd Defendant is vicariously liable for the acts of the 1st Defendant
  3. 3 Assessment of damages and costs

Ratio Decidendi

The 2nd Defendant, having failed to contest the case, is deemed to have admitted the Plaintiff’s evidence. The 1st Defendant, as employee of the 2nd Defendant, caused the accident in the course of employment, making the 2nd Defendant vicariously liable for the Plaintiff’s losses.

Court Disposition

Judgment for Plaintiff against Defendants

Orders

  • Declaration that Defendants are liable for damages caused to Plaintiff’s vehicle
  • Order to fix Plaintiff’s vehicle at garage chosen by Plaintiff