MARY ADOMAKO vs. MINA AMOAKO ADDIE AND KWABENA KUSI

Mariama Owusu, J.A.: On 16th September, 2011, the High Court, Kumasi dismissed the plaintiff’s claim as not proved. In its judgment, the court held among other things as follows: “Plaintiff was bound to establish the negligence of the defendants before she could succeed in her claim. It was not to be assumed that as her brother passes away in a motor accident, the driver and owner of the vehicle were without more, to blame for his death. It was not also to be assumed that because the defendants did not file a defence to the action, that discharged the burden placed on the plaintiff ever (sic) if she made no effort to prove her claim when she led evidence on oath. In my view, the plaintiff failed to establish her case of negligence against the defendants, and no court of justice, in such circumstances, will give her judgment for a claim she does not deserve having failed to prove her cause of action. The court appreciates the predicament of the plaintiff who lost her brothe...