[2011]DLCA5068 • April 14, 2011 • Court of Appeal
FRANCIS APEDO vs. FOUSTAT LIMITED
The plaintiff, employed as a machine operator by the defendant company, claimed that on 28 October 2004, he was instructed by the defendant's agent to assist in repairing a faulty machine. During this task, his left middle finger was crushed by the machine, resulting in amputation. He alleged negligence by the defendant for instructing him to repair a machine without training and for failing to provide a safe system of work. The defendant denied instructing the plaintiff to repair the machine, asserted that only the engineer was authorized to repair faults, and contended that the plaintiff tampered with the machine's safety guard, causing his injury through his own negligence.
read moreKUSI-APPIAH, J.A. This is an appeal by the plaintiff from the decision of the High Court, Accra, dated 20th February, 2009. By his amended writ of summons, the plaintiff/appellant (hereinafter referred to as the Plaintiff) claimed against the defendant/respondent (hereinafter simply referred to as the Defendant) for: “1 General Damage for negligence of the defendant resulting in severe permanent injury to the plaintiff. 2 Payment of ¢1,750,000:00 (now Gh¢175:00) being medical expenses incurred by the plaintiff.” The plaintiff is by this claim seeking damages, both specific and general from defendant for personal injuries sustained by him as a result of defendant’s negligence. The facts relied on by the parties to establish their respective claims were not complicated. The plaintiff’s case was that he was employed by the defendant as a machine operator. The plaintiff averred that on 28th day of October, 2004, the defendant’s agent, Engineer Prosper Afifoe instr...