BRIGHT ASANTE APPIAH VRS HUANG YUMIN & ANOR (J4/06/2024) [2024] GHASC 16 (17 April 2024)

BRIGHT ASANTE APPIAH VRS HUANG YUMIN & ANOR (J4/06/2024) [2024] GHASC 16 (17 April 2024)

The defendants were liable in negligence for allowing their guard dogs to escape and menace the plaintiff, resulting in injury. The quantum of damages awarded by the lower courts was reasonable and justified by the evidence. There was no basis to disturb the concurrent findings of the lower courts.

Citation
BRIGHT ASANTE APPIAH VRS HUANG YUMIN & ANOR (J4/06/2024) [2024] GHASC 16 (17 April 2024)
Parties
Plaintiff/respondent/respondent: Bright Asante Appiah; Defendant/appellant/appellant: Huang Yumin; Defendant/appellant/appellant: Sunlight Engineering Ltd
Court
ghasc
Jurisdiction
Ghana
Judgment Date
17 April 2024
Procedural Posture
Civil Appeal / Final Appeal (supreme Court)
Outcome
appeal dismissed
Legal Topics
Negligence, Personal Injury, Damages, Duty of Care, Liability for Animals
Source Language
eng
Tort Law Negligence Personal Injury Damages Duty of Care Liability for Animals

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Parties

Bright Asante Appiah

Plaintiff/respondent/respondent

Huang Yumin

Defendant/appellant/appellant

Sunlight Engineering Ltd

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Final Appeal (supreme Court)

Legal Issues

  1. 1 Whether the defendants were liable in negligence for injuries suffered by the plaintiff as a result of their dogs escaping and pursuing the plaintiff
  2. 2 Whether the quantum of damages awarded was justified

Ratio Decidendi

The defendants were liable in negligence for allowing their guard dogs to escape and menace the plaintiff, resulting in injury. The quantum of damages awarded by the lower courts was reasonable and justified by the evidence. There was no basis to disturb the concurrent findings of the lower courts.

Court Disposition

appeal dismissed

Orders

  • The decision of the Court of Appeal dated 19th October 2022 is affirmed.
  • The judgment of the trial High Court as modified by the Court of Appeal is affirmed.