[2025]DLSC18356 • March 19, 2025 • Supreme Court •
BERTHA KWARTENG vs. ORANS LIFE COMPANY LIMITED
The Plaintiff was knocked down on the pavement by an Isuzu Tipper Truck driven by the Defendant's employee, Opoku Sarkodie, on 6th November 2006. The Plaintiff claimed special and general damages for injuries sustained, alleging negligence by the driver. The Defendants admitted the accident but denied negligence, alleging contributory negligence by the Plaintiff. The 2nd Defendant died during the proceedings and was struck off the suit.
read moreJUDGMENT ASIEDU, JSC: [1] INTRODUCTION: My lords, this is an appeal against a judgment of the Court of Appeal, Kumasi, dated the 23rd November, 2023. In the said judgment, the Court of Appeal reversed a judgment of the trial High Court which had been delivered in favour of the Defendant. In this judgment, the parties shall retain their respective designations as from the trial High Court. That is, the Defendant/Respondent/Appellant shall herein be referred to as the Defendant, and the Plaintiff/Appellant/Respondent shall be referred to as the Plaintiff. [2] GROUNDS OF APPEAL: The grounds of appeal formulated in the Notice of Appeal filed on the 18th December, 2018, are that: a. The judgment is against the weight of evidence. b. The Court of Appeal erred when it relied on documents termed as EXHIBITS “A” and “B” in arriving at their decision/judgment when same did not form part of the Record of Appeal. c. The Court of Appeal further erred in its assessment of the gene...