[2024]DLCA17606 • January 11, 2024 • Court of Appeal
CLETUS APEWE AZUPIO vs. VOLTA RIVER AUTHORITY
The appellant's electricity supply to his sawmill was disconnected by the respondent on 13 February 2007 due to alleged unpaid bills. After partial payment, power was reconnected the same day. A fire broke out at the sawmill around 3:00 am on 14 February 2007, destroying the property. The appellant alleged negligence by the respondent in the disconnection and reconnection process caused the fire and sought damages and declarations against the respondent.
read moreJUDGMENT MENSAH-DATSA, JA. This is an appeal by the Plaintiff/Appellant (hereinafter referred to as Appellant) against the judgment of the High Court, Bolgatanga, Upper East Region dated 27th October, 2022 in favour of the Defendant /Respondent (hereinafter referred to as Respondent). The grounds of appeal are as follows: 1. The judgment is against the weight of evidence. 2. The trial Judge showed a clear prejudice to Appellant’s case when he wrongfully rejected the Fire Report which supports Appellant’s case and suo motu raised a case for the Respondent which case the Respondent itself never canvassed to wit: “the plaintiff Appellant being a business establishment may have facilities which can generate heat or ignite fire, for example, oxygen, fuel or combustible materials like sawdust and if these facilities are not rightfully placed, it could catch fire.” 3. The trial judge erroneously excluded Appellant’s evidence proving that it did not owe the Respondent any amo...