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FRANCIS APEDO V. FOUSTAT LIMITED

(2011) JELR 63748 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/46/2011  •  14 Apr 2011  •  Ghana

Coram
KUSI-APPIAH J.A. (PRESIDING), GYAESAYOR J.A., ACQUAYE J.A.

Judgement

JUDGMENT

KUSI-APPIAH, J.A. This is an appeal by the plaintiff from the decision of the High Court, Accra, dated 20th February, 2009.

By his amended writ of summons, the plaintiff/appellant (hereinafter referred to as the Plaintiff) claimed against the defendant/respondent (hereinafter simply referred to as the Defendant) for:

“1 General Damage for negligence of the defendant resulting in severe permanent injury to the plaintiff.

2 Payment of ¢1,750,000:00 (now Gh¢175:00) being medical expenses incurred by the plaintiff.”

The plaintiff is by this claim seeking damages, both specific and general from defendant for personal injuries sustained by him as a result of defendant’s negligence. The facts relied on by the parties to establish their respective claims were not complicated. The plaintiff’s case was that he was employed by the defendant as a machine operator. The plaintiff averred that on 28th day of October, 2004, the defendant’s agent, Engineer Prosper Afifoe instructed him to assist t…

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