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TWUM V. OKYIRI; TWUM V. AMFO (CONSOLIDATED)

(1974) JELR 65019 (CA)

Court of Appeal  •  3 Jun 1974  •  Ghana

Coram
AMISSAH J.A.,JIAGGE J.A.,KINGSLEY-NYINAH J.A.

Judgement

JUDGMENT

AMISSAH J.A.

The appellant (hereafter referred to as the defendant) in these consolidated cases, appeals against the assessment of damages made by Edward Wiredu J. upon holding that the defendant, as a successor, was vicariously liable for injuries sustained by the respondents (hereafter referred to as the plaintiffs) as a result of the negligence of the defendant’s predecessor’s driver. The learned judge’s decision on the issue of liability is not questioned in this appeal.

Both plaintiffs were riding on a lorry at the material time when it came into collision with the vehicle driven by the defendant’s driver. Although other injuries were sustained by both plaintiffs, about the most serious injury to each was an injury to the right arm resulting in its loss of use. And it was mainly in respect of this injury that the damages were awarded.

The difficulty in awarding fair compensation for personal injury has often enough been confessed by the courts. It is nevertheless a task whic…

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