[2024]DLSC17715July 17, 2024Supreme Court

BRIGHT ASANTE APPIAH (PLAINTIFF) vs. HUANG YUMIN & SUNLIGHT ENGINEERING LTD

The plaintiff, an employee of Trio Courage Ltd, was walking home on a public street near the 2nd defendant's premises when two large guard dogs owned by the 1st defendant escaped from the 2nd defendant's compound and charged at him. Fearing attack, the plaintiff ran but fell and sustained injuries requiring hospital treatment. The plaintiff claimed damages for injuries and expenses incurred.

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JUDGMENT KWOFIE JSC: This an appeal by the defendants/appellants (hereinafter referred to as the 1st defendant and 2nd defendant respectively) against the decision of the Court of Appeal allowing in part, the appeal from the judgment of the High Court, Tema dated the 12th day of April 2021. The judgment of the Court of Appeal against which this appeal is brought was delivered on 19th October 2022. The facts of the case are fairly simple and straight forward. The plaintiff/respondent (hereinafter referred to as the plaintiff) is an employee of Trio Courage Ltd, a Company situate within the light Industrial Area of Community 9, Tema. The plaintiff’s place of work is situate on the same street as the premises of the 2nd defendant company and within the same enclave. The 1st defendant Huang Yumin, a Chinese national is an employee of the 2nd defendant company and lives at the company’s premises. On the 27th March 2016, the plaintiff was returning home from work on foot using t...