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ISSAH V. MIM TIMBER CO., LTD.

(1979) JELR 65221 (HC)

High Court  •  7 Jun 1979  •  Ghana

Coram
OWUSU-ADDO J.

Appearances
MISS R. A. TAYLOR FOR THE PLAINTIFF; LETSAH FOR THE DEFENDANTS.

Judgement

OWUSU-ADDO J.: The plaintiff who was employed as a Dolmar machine operator by the defendants, a renowned timber company, is claiming ¢40,000 damages for the injuries he sustained in the course of his employment as a result of alleged failure of the defendants to provide a safe system of work.

On 3 October 1977, the plaintiff filed a statement of claim in this suit. The relevant paragraphs setting out his claim which was founded on negligence are:

“(4) The said injuries and loss and damages were occasioned to the plaintiff by reason of a breach on the part of the defendants, their servants or agents of their statutory duties under the Factories, Offices and Shops Act, 1970 (Act 328). Particulars (a) Failing to provide proper supervision to enable work to be carried out without unnecessary risk to the plaintiff. (b) Failing to provide a safe system of work. (c) Failing to give warning in time for the plaintiff to run away from the direction of the falling tree.

(5) Further or in the alter…

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