KWADWO APPIAH vs KWABENA ANANE

AMEGATCHER, JSC:- We have been called upon as judges of the apex court of the land to have a second look on appeal at this personal injury case. It started from the High Court, Kumasi; was reviewed and ruled upon on appeal by the first intermediate appellate court sitting at Kumasi; and has again on appeal been assigned to us for a final and conclusive resolution. The defendant in the High Court suit who is now the appellant shall hereafter be referred to in this opinion as defendant. The respondent, Kwadwo Appiah, who was plaintiff in the High Court, will hereafter maintain his designation as the plaintiff. The facts of this appeal have the temptation of arousing the sympathy of any trier of fact. It is not surprising that one of the hard-hitting areas of attack by counsel for the defendant against the learned and respected judges of the Court of Appeal is that they were swayed by sentiments in reaching a decision in this matter. However, those who ply their trade as Barristers and ...