[1990]DLCA2248May 31, 1990Court of Appeal

GYAN vs. ASHANTI GOLDFIELDS CORPORATION

This is an appeal by the plaintiff against the judgment of the High Court, Kumasi presided over by Okyere J. by which the plaintiff’s action against the defendants was dismissed. The claim was for: (1). “Damages for personal injuries, loss and expenses caused by the negligence of the defendants, their servant or agent in the administering of an injection on or about 11 May 1976 in the defendants’ hospital. (2). Interest thereon at 20 per cent. (3). Costs. (4). Further or other reliefs.” The facts giving rise to this action are adequately summed up by the trial judge in his judgment. There is complete agreement between the parties that the infant plaintiff did receive treatment from the defendants’ hospital and suffered the paralysis alleged after the treatment. The plaintiff contends that the facts point to negligence on the part of the defendants’ agent or servant who attended and treated the plaintiff when he reported for treatment at the hospital. The basis of t...