BAIDEN vs. SOLOMON [1963]DLSC1998

Date	1963-05-29
Suit No.
Citation No.	[1963]DLSC1998

CRABBE JSC

OLLENNU JSC

AKUFO-ADDO JSC

C. CANN FOR THE APPELLANT

B. J. DA ROCHA FOR THE RESPONDENT

[1963]DLSC1998
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BAIDEN

<a name="_gjdgxs"></a>vs.

[SUPREME COURT]

[1963] 1 GLR 488

DATE: 29TH MAY, 1963.

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COUNSEL:&nbsp;&nbsp;

C. CANN FOR THE APPELLANT.

</div>

CRABBE, OLLENNU AND AKUFO-ADDO JJ.S.C.

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&nbsp;

This is an appeal from the judgment of Charles J.1 whereby he
awarded to the plaintiff the sum of £G2,300 as compensation to the dependants
of Theresa Jona Solomon (deceased) who died as a result of the negligent
driving of the defendant.

In his writ of summons the plaintiff, as the administrator of the
estate of Theresa Jona Solomon (deceased), claimed from the defendant the sum
of £G4,212 for the negligence resulting in the death of the deceased. The
statement of claim filed amplified the negligence alleged and then set out the basis
of the claim in the following paragraphs:

(a) Josephine Solomon, born on the 9th January, 1955; (b) Emmanuel
Solomon, born on the 10th June, 1957; (c) Patrick L. Kobina Solomon, born on
the 22nd July, 1958. 5. The said Theresa Jona Solomon was immediately prior to
the said accident, aged 28 years, and was employed as a school teacher by the
Catholic Educational Unit, at a salary of £G295 per annum. She was the sole
support of the aforementioned dependants who by her death have lost such
support. PARTICULARS OF SPECIAL DAMAGES (a) Funeral expenses incurred £G82 (b)
Damages for the said dependants for 14 years loss of salary at £G295 per annum
£G4,130 (c) Total damages claimed £G4,212”

Although the Fatal Accidents Act, 1846,2 of the United Kingdom as
amended by the Law Reform (Civil Wrongs) Act, 1959,3 of Ghana was not pleaded
there can be no doubt on the face of the pleadings that this action was brought
under section 3 (1) (b) of the latter enactment.

On the first day of the hearing of the appeal counsel for the
appellant asked the leave of the court to argue an additional ground of appeal
contained in a notice which had been filed shortly before the court sat that
morning. This ground was stated in these terms: “That the record of proceedings
is inaccurate and or deficient in respect of material particulars.” To this
notice was attached an affidavit sworn to by the appellant verifying this
so-called ground of appeal. Strictly this is no ground of appeal at all, but in
view of the pertinacity of counsel and in order to clarify certain features of
the proceedings which had aroused the suspicion of the court, the court decided
to be over indulgent to the appellant and it accordingly granted leave for this
unusual ground to be argued.

This additional ground was argued first, but before dealing with
it on the merits it is necessary to set out the sequence of events from the
18th January, 1962. On that date Charles J. adjourned the case to the 13th
February, 1962, “for hearing” without giving any reasons for such adjournment.
On the 13th February, 1962, the learned judge made the following minutes: