KWAME ATTA VS ISRAEL QUAO (H1/204/2009) [2011] GHACA 1 (28 July 2011)

KWAME ATTA VS ISRAEL QUAO (H1/204/2009) [2011] GHACA 1 (28 July 2011)

The plaintiff was an employee under the Workmen's Compensation Act and entitled to compensation for injuries sustained in the course of employment. The doctrine of volenti non fit injuria does not apply to bar statutory compensation. However, there is no legal basis for awarding interest on the compensation amount.

Citation
[2011] GHACA 1
Parties
Plaintiff/respondent: Kwame Atta; Defendant/appellant: Israel Quao; Defendant/appellant: Diana Quao (Mrs) trading as Isdee Bakery Service
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
28 July 2011
Case Number
H1/204/2009
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed in part
Legal Topics
Workmen's Compensation, Employer Employee Relationship, Volenti Non Fit Injuria, Damages, Interest on Compensation
Source Language
English
Employment Law Tort Law Workmen's Compensation Employer Employee Relationship Volenti Non Fit Injuria Damages Interest on Compensation

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Parties

Kwame Atta

Plaintiff/respondent

Israel Quao

Defendant/appellant

Diana Quao (Mrs) trading as Isdee Bakery Service

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the plaintiff was a 'workman' under the Workmen's Compensation Act and entitled to compensation
  2. 2 Whether the doctrine of volenti non fit injuria applies to bar the claim
  3. 3 Whether the award of interest on compensation was proper

Ratio Decidendi

The plaintiff was an employee under the Workmen's Compensation Act and entitled to compensation for injuries sustained in the course of employment. The doctrine of volenti non fit injuria does not apply to bar statutory compensation. However, there is no legal basis for awarding interest on the compensation amount.

Court Disposition

appeal allowed in part

Orders

  • Award of interest set aside
  • Plaintiff to recover GH¢4,300.80 as compensation