[2024]DLSC17876 • December 4, 2024 • Supreme Court •
CAPT. THERESA ASANTE (RTD) vs. ATTORNEY GENERAL & MINISTER OF JUSTICE AND CHIEF OF DEFENCE STAFF (BURMA CAMP)
The plaintiff, Capt. Theresa Asante (Rtd), enrolled at the Ghana Military Academy (GMA) in 1983 and sustained a heavy fall during training causing back pain. Despite initial treatment and rest, her condition deteriorated over the years, culminating in cervical spondylosis and spinal issues. She was honorably released in 1993, shortly before promotion to Major, and has since incurred significant medical expenses. She claimed compensation, reimbursement of medical bills from 2014, and military pension, asserting her condition was caused by the military training injury.
read moreJUDGMENT KWOFIE JSC: This an appeal by the plaintiff/respondent/appellant (hereinafter referred to as the plaintiff) against the decision of the Court of Appeal allowing in part the appeal from the judgment of the High Court, Accra (Industrial and Labour Division) dated 30th November 2018. The judgment of the Court of Appeal against which this appeal was brought was delivered on 3rd March, 2022. Dissatisfied with the decision of the Court of Appeal, the plaintiff/respondent/appellant filed a Notice of Appeal to this apex court dated 26th April, 2022. Grounds of Appeal before the Supreme Court a) The judgment is against the weight of evidence b) The Court of Appeal erred when it rejected the trial court’s finding that the current medical condition of the plaintiff is as a result of the military training she underwent at the Ghana Military Academy c) The Court of Appeal erred when it set aside the award of GH¢300,000 as compensation to the respondent for being without b...