DUMGYA vs. SPORTS COUNCIL OF GHANA [1974]DLCA2275

Date	1974-05-09
Suit No.
Citation No.	[1974]DLCA2275

ANIN JA

ANNAN JA

HAYFRON-BENJAMIN J.A.

T. A. TOTOE FOR THE APPELLANT.

OSAFO SAMPONG STATE ATTORNEY FOR THE RESPONDENTS.

[1974]DLCA2275
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">DUMGYA <o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">vs. <o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">SPORTS COUNCIL OF GHANA <o:p></o:p>[COURT OF APPEAL,
KUMASI]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1974] 1 GLR 429<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
9 MAY 1974.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

T. A.
TOTOE FOR THE APPELLANT.<o:p></o:p>

OSAFO
SAMPONG, STATE ATTORNEY, FOR THE RESPONDENTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

ANIN, ANNAN AND HAYFRON-BENJAMIN JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ANIN J.A.<o:p></o:p>The
plaintiff-appellant (hereafter called the plaintiff) for herself as the
administratrix of the estate of Kofi Asabere (deceased) and his dependents
instituted this action in the Kumasi Circuit Court claiming damages for the
negligence of the defendant corporation resulting in the fatal injury to the
deceased on or about 22 March 1970.<o:p></o:p><o:p>&nbsp;</o:p>The
statement of claim averred that the said Kofi Asabere went to the Kumasi Sports
Stadium on the said date to witness a football match organised by the
defendants, who are responsible for sports and for the maintenance of all
sports stadia in Ghana, including the Kumasi Sports Stadium. At the close of
the match, the said Kofi Asabere was walking by one of the walls of the stadium
leading to an exit from the stadium when the said wall suddenly collapsed and
fell upon him. He later died from the serious injuries he sustained when
crushed by the falling wall. The plaintiff maintained that the collapse of the
wall was due to the defendants’ negligence, and pleaded that she would at the
trial rely on the doctrine of res ipsa loquitur to establish the alleged
negligence.<o:p></o:p><o:p>&nbsp;</o:p>The
defendants in their statement of defence admitted their dual responsibility for
sports and for the maintenance of all sports stadia in the country including
the Kumasi Sports Stadium. They however denied being guilty of negligence as
alleged, and pleaded that the doctrine of res ipsa loquitur was inapplicable to
the case. They furthermore contended that “they always use reasonable care and
skill to maintain the sports stadium to make it reasonably safe for the
spectators, and it was in this safe condition at the time of this particular
incident.” They however averred that “they cannot be held liable for the acts
of the spectators.” Turning to the particular incident, the defendants
explained in paragraph (4) of the defence that at the close of the said match
at the Kumasi Sports Stadium, “there was a stampede of some of the spectators
through one of the gates which caused part of the wall of the stadium to
collapse.” In the event, they alleged they were not liable to the plaintiff on
her claim.<o:p></o:p><o:p>&nbsp;</o:p>In a
reply, the plaintiff joined issue with the defendants on their statement of
defence. The principal issue set down in the summons for directions and ordered
to be an issue for trial was whether or not the collapse of the stadium wall
which fatally injured the deceased was caused by the negligence of the
defendants.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff called two witnesses of fact in support of her allegation of
negligence. A carpenter by name Kwabena Amankwa (the plaintiff’s second
witness) testified that he knew the deceased who was his master; and that they
both—as well as a very thick crowd went to the stadium on the day in question
to witness the said football match, though they did not sit together. He was
leaving the stadium after the match when he heard “a certain sound boom.” On
rushing towards the sound, he saw Asabere under a part of the stadium wall that
had collapsed. With the help of some spectators he was able to lift the wall,
and rush the injured Asabere to the Central Hospital, where he died later.<o:p></o:p><o:p>&nbsp;</o:p>The other
important witness ca</main>