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RICHARD PEPRAH V. THE DIRECTOR GENERAL, GHANA PRISONS SERVICE, SUNYANI & ORS.

(2020) JELR 92052 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/03/2020  •  2 Dec 2020  •  Ghana

Coram
GBADEGBE, JSC (PRESIDING), AMEGATCHER, JSC, LOVELACE-JOHNSON (MS), JSC, TORKORNOO (MRS), JSC, KULENDI, JSC

Appearances
BARIMA-AGYEKUM HINNEH FOR THE PLAINTIFF/RESPONDENT/APPELLANT. UMMU ZAKARI (MS), PRINCIPAL STATE ATTORNEY FOR THE DEFENDANTS/APPELLANTS/RESPONDENTS.

Judgement

JUDGMENT

GBADEGBE, JSC

We have before us an appeal from the judgment of the Court of Appeal. By that judgment, the decision of the trial court on the question of negligence including the apportionment of the plaintiff‘s contribution was upheld. The learned justices of the Court of Appeal however interfered with the award of damages by reducing it from GH₵425,000.00 to GH₵ 150,000.00. Before us the plaintiff has launched an attack on both the determination of negligence particularly that relating to the apportionment of liability that was assessed at 15% against the plaintiff against the defendants and also the reduction of damages awarded in his favor at the trial court.

Before proceeding to consider the appeal, we need turn our attention to the response filed by the parties to a point of law raised by us under rule 6(8) regarding the question of vicarious liability of the 1st, 2nd and 4th defendants for the negligence on which the claim herein was based. Although both parties complied w…

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