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REPUBLIC V. KORLE GONNO DISTRICT MAGISTRATE GRADE I; EX PARTE AMPOMAH

(1992) JELR 68111 (SC)

Supreme Court  •  29 Jul 1992  •  Ghana

Coram
ARCHER CJ JSC, WUAKU JSC, AIKINS JSC, BAMFORD-ADDO JSC, CHARLES HAYFRON-BENJAMIN JSC

Judgement

ARCHER CJ: The late Emmanuel Atta Ampomah was known, before his death as a hypertensive and diabetic patient for over two decades and had been on treatment at various hospitals for both ailments. His state of health was known to his family and his widow, Madam Flora Ampomah, who was married to the deceased for 30 years. On 29 January 1990 the deceased, upon admission at the Korle Bu Teaching Hospital, died. On the same day the body was sent to the mortuary and upon information given by a Dr Boateng, a friend of the family, a post-mortem examination was conducted by the pathologist-in-charge of the mortuary, Dr Simmons, who did a partial post-mortem by opening the head of the corpse. In his police statement, Dr Simmons stated that:

“On opening the skull I found ‘Bilateral intracerebral haemorrhage with subarachnoid extension’ which was also seen by Dr Boateng, the technician who assisted me and the medical students present. This finding was consistent with hypertensive heart disease.”

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