LAGAH AND ANOTHER VRS. BOATENG AND ANOTHER (E8/03/2016) [2024] GHAHC 175 (18 June 2024)

LAGAH AND ANOTHER VRS. BOATENG AND ANOTHER (E8/03/2016) [2024] GHAHC 175 (18 June 2024)

The 1st Defendant negligently caused the death of Etse Azumah by running him down with vehicle GS 7110-10. The 2nd Defendant was the owner of the vehicle at the material time and failed to rebut the presumption of vicarious liability. Plaintiffs proved special damages for funeral expenses and general damages for...

Source-derived case information.

Citation
LAGAH AND ANOTHER VRS. BOATENG AND ANOTHER (E8/03/2016) [2024] GHAHC 175 (18 June 2024)
Parties
Plaintiff: Rose Lagah; Plaintiff: Samuel Azameti; Defendant: Lord Jeffery Boateng; Defendant: Rebecca Yakah
Court
ghahc
Jurisdiction
Ghana
Judgment Date
18 June 2024
Procedural Posture
Civil Wrongful Death/negligence / Final Judgment
Outcome
judgment for plaintiffs
Legal Topics
Negligence, Vicarious Liability, Burden of Proof, Assessment of Damages
Source Language
en
Tort Civil Procedure Negligence Vicarious Liability Burden of Proof Assessment of Damages

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Parties

Rose Lagah

Plaintiff

Samuel Azameti

Plaintiff

Lord Jeffery Boateng

Defendant

Rebecca Yakah

Defendant

Procedural Posture

Civil Wrongful Death/negligence / Final Judgment

Legal Issues

  1. 1 Whether the accident occurred as a result of the negligence of the 1st Defendant
  2. 2 Whether the deceased died as a result of the said accident
  3. 3 Whether the 2nd Defendant is the owner of vehicle with registration number GS 7110-10 and therefore the master or employer of the 1st Defendant

Ratio Decidendi

The 1st Defendant negligently caused the death of Etse Azumah by running him down with vehicle GS 7110-10. The 2nd Defendant was the owner of the vehicle at the material time and failed to rebut the presumption of vicarious liability. Plaintiffs proved special damages for funeral expenses and general damages for loss of life expectancy and pain and suffering, but failed to prove loss of dependency or future income.

Court Disposition

judgment for plaintiffs

Orders

  • Defendants jointly and severally liable for GH¢1,200.00 special damages with interest from inception of suit until final payment
  • Defendants jointly and severally liable for GH¢120,000.00 general damages for loss of life expectancy and pain and suffering