[2022]DLHC12029 • May 31, 2022 • High Court
AGBELI EYA ELLA AND TOHONOU GOUSSI AHOEFA vs. LAUD OSCAR ATIKO AND METRO MASS TRANSIT LTD
The Plaintiffs, as administrators of the estate of the deceased Dr. Kwashievie Tohonou, sued the Defendants for damages following a fatal road traffic accident involving a commercial bus owned by the 2nd Defendant and driven by the 1st Defendant. The accident resulted in the death of the deceased, who was a passenger on the bus. The Plaintiffs alleged negligence on the part of the 1st Defendant, an employee of the 2nd Defendant, causing the accident and subsequent death.
read moreJUDGMENT THE PLAINTIFFS’ CLAIM The Plaintiffs brought this action in their capacity as the Administrators of the Estate of the deceased Dr. Kwashievi Tohonou after they were granted leave on 17th December, 2020 that extended time for them to issue a writ out of time. The order of extension of time to sue is in evidence as Exhibit G. The reliefs contained in the writ of summons are for special and general damages as follows; A. Special Damages i. Ambulance fee GH¢ 1,000.00 ii. Mortuary fee GH¢ 700.00 iii. Undertaker’s fee GH¢ 500.00 iv. Shroud GH¢ 300.00 v. Testamentary expenses GH¢ 1,000.00 B. General Damages i. Loss of dependency ii. Loss of future earnings/income iii. Pain and suffering iv. Loss of expectancy or years of purchase. The Plaintiffs case is that Dr Kwashievie Tohonou (hereafter referred to as the deceased) travelled in a commercial bus numbered GE 4849-11 the property of the 2nd Defendant which bus wa...