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ARHIN V. BRENYA AND ANOTHER

(1967) JELR 64756 (HC)

High Court  •  21 Dec 1967  •  Ghana

Coram
ARCHER J.

Judgement

ARCHER J.

The plaintiff, as administrator of the estate of the late Kwame Arhin, claims from the defendants jointly and severally damages as compensation for the benefit of the dependants and also damages for the benefit of the estate of the deceased. The plaintiff’s statement of claim is to the effect that on or about 11 December 1965, on the Bibiani-Jereso motor road, the deceased sustained serious physical injuries as a result of the grossly negligent driving of vehicle No. AT 1803 by the first defendant who at the material time was the servant or employee or both of the second defendant and who was driving the said vehicle in the course of his employment.

The defendants denied any negligence on their part and maintained that as they had paid compensation under the Workmen’s Compensation Act, 1963 (Act 174), the present action was barred. Mr. Totoe, learned counsel for the defendants, referred me to two judgments delivered by Apaloo J., as he then was, at the Kumasi High Court, in su…

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