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EKEM V. WISEWAY CLEANERS LTD.

(1980) JELR 68263 (HC)

High Court  •  10 Aug 1980  •  Ghana

Coram
TWUMASI J.

Judgement

TWUMASI J.

By his action, the plaintiff, suing as the administrator of the estate of his deceased son, Isaac Ekem, claims against the defendants, Wiseway Cleaners Ltd., damages for negligence which, it is alleged, caused the death of the said Isaac Ekem. The defendants were at all times material to this case engaged in dry cleaning and ancillary jobs. They had a factory equipped with mechanically-propelled apparatus for the operation of their dry cleaning business. The plaintiff’s son, Isaac Ekem, was at the time of his death employed as an operator of a machine called the “hydro-extractor.” For the purpose of this judgment, the vital parts of the machine were: the brake system, the interlocking safety device and the rolling basket. The machine operated by means of electric energy.

On 12 January 1979, Isaac Ekem succumbed to injuries sustained by him in the course of his operation of the machine. In his statement of claim, the plaintiff attributed the fatal injuries to the negligence o…

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