DAA vs. SERWAAH

The two claimants are respectively the wife (as respondent) and mother (as appellant) of the late E. K. Butah. The late Butah was an employee of Oyoko Contractors Ltd. who were the defendants at the trial. It appears his death was a result of fatal injuries sustained in the course of his employment with the defendant company. Both claimants lay claim against the defendants as dependants of the late Butah. A claim for compensation was made by the respondent on her own behalf as the wife of the deceased, and for her child of the marriage under the Workmen’s Compensation Act, 1963 (Act 174). The appellant, having registered her interest, insisted on proceeding against the defendant company in negligence at common law. Neither of the two dependants would compromise on the mode of claim. In due course the district labour officer took out a motion, before the district court, under Act 174 for an order distributing the assessed amount under the Act to the dependants. The motion was suppo.....