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EMMANUEL CHARWAY V. KWAME TWENEBOAH KODUAH AND FRANCIS BOATENG

(2018) JELR 65082 (CA)

Court of Appeal  •  SUIT NO.H1/09/2018  •  24 Jul 2018  •  Ghana

Coram
K. A. ACQUAYE JA (PRESIDING), S. K. GYAN JA, M. M. AGYEMANG (MRS.) JA

Judgement

AGYEMANG JA: This is an appeal against the quantum of damages awarded by the learned trial judge in a suit instituted in respect of a running down incident[MMA1] . The incident resulted in the death of two persons: one Patience Dede a twenty-seven year old trader of Kukurantumi in the Eastern Region of Ghana, and her two-year old son David Awugya. She was a mother of two and was survived by her eight year old son and two aged parents. The judgment of the High Court, Koforidua, in favour of the plaintiff, was delivered on the 8th day of June, 2017. The court, following the finding of negligence on the part of the defendants proceeded to award damages. The award of damages is the subject of this appeal in which the plaintiff, seeks three reliefs:

a. An order varying and enhancing damages awarded to the plaintiff/appellant to adequately compensate for the loss of the breadwinner;

b. An order for special damages to be awarded to the plaintiff for expenses incurred towards the funeral of bot…

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