[1977]DLHC11442December 15, 1977High Court

KUNI vs. STATE GOLD MINING CORPORATION AND ANOTHER

The plaintiff, employed as a machine driver by the codefendants Prestea Goldfields Ltd., was injured on 11 July 1974 while working underground at the mines. Acting on instructions, he performed duties outside his normal role as a shovel boy when a mass of loose graphite fell on him, causing a compressed fracture of the twelfth thoracic vertebrae and paralysis of his lower limbs. He has been hospitalized since the accident.

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JUDGMENT OF SARKODEE J. The plaintiff who is employed by the co-defendants, the Prestea Goldfields Ltd., as a machine driver was on 11 July 1974 injured whilst working underground at the said mines. He suffered a compressed fracture of the twelfth thoraxic vertebrae resulting in the paralysis of the lower limbs. The accident occurred when the plaintiff acting upon instructions was working as a shovel boy; a job which was not part of his normal duties. In the course of drilling and shovelling loose rocks a mass of loose graphite fell on him causing him those injuries as a result of which he has been in hospital since the date of the accident. Originally the action was brought against the defendants only in their capacity as a gold mining corporation carrying on business at Prestea. After the evidence of the plaintiff upon application made on his behalf the Prestea Goldfields Ltd. were joined as co-defendants. In his amended statement of claim which followed the joinder the plaint...