MENSAH AND ANOTHER V. AMAKOM SAWMILL & CO. AND ANOTHER

APALOO, J.: [After finding that the accident was caused by the negligent driving of the second defendant in the normal course of his employment and that the first defendants are vicariously liable for the negligence of the second defendant, his lordship continued:] I confess that I have not found the assessment of damages anything but difficult. My own researches did not reveal any case in which the Supreme Court gave any guidance on what principle the quantum is to be determined. In the case of Ogunkoya and Ors. v. Peters1(1) the West African Court of Appeal held that the plaintiff must furnish evidence to warrant the award of damages and facts for a basis of assessment. But it did not decide on what principle the assessment was to be based. In the case of Faloye and Ors. v. Olaniyan and Anor.,2(2) the only other reported case in which the Court of Appeal considered the Fatal Accidents Act, it similarly gave no guidance. I accordingly fell for guidance upon English decisions. The jud…