REV. JOHN KORLEY VRS NARH & ANOTHER (C8/02/2019) [2024] GHAHC 365 (31 July 2024)

REV. JOHN KORLEY VRS NARH & ANOTHER (C8/02/2019) [2024] GHAHC 365 (31 July 2024)

The 1st Defendant was negligent in driving, causing the accident and injuries. The 2nd Defendant is vicariously liable as the employer since the act was within the scope of employment. The Plaintiff is entitled to general and special damages for injuries and loss of earnings.

Citation
REV. JOHN KORLEY VRS NARH & ANOTHER (C8/02/2019) [2024] GHAHC 365 (31 July 2024)
Parties
Plaintiff: Rev. John Korley; 1st Defendant: Seth Kojo Narh; 2nd Defendant: Ersco Ventures Ltd
Court
ghahc
Jurisdiction
Ghana
Judgment Date
31 July 2024
Procedural Posture
Personal Injury Civil Suit / Final Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Negligence, Vicarious Liability, Damages, Contributory Negligence
Source Language
eng
Tort Labour Law Negligence Vicarious Liability Damages Contributory Negligence

Case Brief

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Parties

Rev. John Korley

Plaintiff

Seth Kojo Narh

1st Defendant

Ersco Ventures Ltd

2nd Defendant

Procedural Posture

Personal Injury Civil Suit / Final Judgment

Legal Issues

  1. 1 Whether the 1st Defendant was negligent in causing the accident
  2. 2 Whether the 2nd Defendant is vicariously liable for the acts of the 1st Defendant
  3. 3 Whether the Plaintiff is entitled to the damages claimed

Ratio Decidendi

The 1st Defendant was negligent in driving, causing the accident and injuries. The 2nd Defendant is vicariously liable as the employer since the act was within the scope of employment. The Plaintiff is entitled to general and special damages for injuries and loss of earnings.

Court Disposition

Judgment for Plaintiff

Orders

  • Defendants jointly and severally to pay Plaintiff general damages of GH¢100,000.00 with interest at current Commercial Bank Rate from date of accident until final payment.
  • Defendants jointly and severally to pay Plaintiff special damages of GH¢700,000.00 for loss of right leg and earnings from date of action until final payment.