[2017]DLCA5011July 29, 2017Court of Appeal

DR. R.S.D. TEI AND EVELYN JUMBO vs. MESSRS CEIBA INTERCONTINENTAL

AGYEMANG JA: In this appeal the plaintiffs/appellants (hereafter referred to as the plaintiffs) pray this court for the judgment of the High Court, Commercial Division, Accra delivered on the 3rdof December 2015, to be set aside and for judgment be entered for them. These are the antecedents of this case: the first plaintiff/appellant was a fare-paying passenger on board the defendant/respondent’s aircraft on a flight from Accra, Ghana to Malabo, Equatorial Guinea. He was in the process of taking his seat on the aircraft when a fellow passenger opened an overhead bin, and falling luggage hit his eye. This resulted in injury to his left eye which bled in consequence. Cabin crew who were called to the scene and observed the first plaintiff’s bleeding eye, allegedly responded to the situation not by offering help to the injured passenger, but by simply handing cotton wool and gentian violet to the second plaintiff who was travelling with the first plaintiff. These, the second plaint...