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HESSE V. ACCRA MUNICIPAL COUNCIL AND ANOTHER

(1964) JELR 67862 (SC)

Supreme Court  •  22 Jun 1964  •  Ghana

Coram
MILLS-ODOI JSC,OLLENNU JSC,ACOLATSE J.S.C.

Judgement

OLLENNU J.S.C.: The appellant, hereinafter called the plaintiff, father of one Herman Wilhelm Hesse, Jnr., deceased, sued on behalf of himself and other dependants of his said deceased son; he claimed £G7,000 damages against the respondents, hereinafter called the defendants, for negligence of the second defendant a servant of the first defendant council, which he alleged, caused the death of his said son. The action was brought under the Fatal Accidents Act, 1846,1 section 1 of which enables a dependant to sue for the benefit of himself and of all dependants of the deceased. Under section 5 of the Act a parent comes within the class of dependants; but it is a question of fact in each case whether he really was dependent upon his child at the time of his death.

The material averments of the plaintiff are contained in paragraph (3) (a) of his statement of claim, and are as follows:

“(3) (a) On the 15th day of May, 1957, at about 6.30 p.m. the said Herman Wilhelm Hesse, deceased, was la…

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