KWAKU ACHEAMPONG vs. FASAT CONSTRUCTION CO. LTD AND STEPHEN ASHITEY [2013]DLCA8098

Date	2013-07-25
Suit No.	CIVIL APPEAL SUIT NO: H1/161/12
Citation No.	[2013]DLCA8098

ASARE-KORANG JA (PRESIDING)

ACQUAYE JA

DZAMEFE JA

MRS. M. Y. N. ACHIAMPONG FOR RESPONDENT

MR. JAMES MENSAH KULLEY FOR APPELLANT

[2013]DLCA8098
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													<main id="main" class="content" style="min-height: 60rem" >KWAKU ACHEAMPONG<o:p></o:p>(RESPONDENT)<o:p></o:p>vs.<o:p></o:p>FASAT CONSTRUCTION CO. LTD AND STEPHEN ASHITEY<o:p></o:p>(APPELLANT)<o:p></o:p>[COURT OF APPEAL,
ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

CIVIL APPEAL SUIT NO: H1/161/12&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;DATE: 25TH JULY, 2013<o:p></o:p>

</div>COUNSEL.<o:p></o:p>MRS. M. Y. N. ACHIAMPONG FOR
RESPONDENT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

MR.
JAMES MENSAH KULLEY FOR APPELLANT<o:p></o:p>

</div><span lang="EN-US" style="mso-bidi-font-size:
12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:
&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;">CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

ASARE-KORANG
JA (PRESIDING), ACQUAYE JA, DZAMEFE JA<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>DZAMEFE,
JA<o:p></o:p>The
respondent in this appeal, a twenty two year old unemployed&nbsp; with half amputed right hand, which happened
when he was only 16 years old, issued this writ of summons against the
appellant for the following reliefs;-<o:p></o:p><ol style="margin-top:0cm" start="1" type="a">
 <li class="MsoNormal" style="text-align:justify;mso-list:l10 level1 lfo3">Declaration by the court that the plaintiff was at
 the time of the accident a minor and was never made officially an employee
 of the defendant’s company but an apprentice and therefore was never paid
 an official salary.<o:p></o:p></li>
 <li class="MsoNormal" style="text-align:justify;mso-list:l10 level1 lfo3">Declaration that the injury sustained by him on 25th
 April 2002 was in course of his working for the defendant in course of his
 apprenticeship.<o:p></o:p></li>
 <li class="MsoNormal" style="text-align:justify;mso-list:l10 level1 lfo3">Declaration that as an apprentice who suffered the injury
 in course of working for the defendant, in addition to the defendant
 having borne all his medial bills and maintained him up to 23rd
 December 2007, the defendant is still liable to bear the full cost of
 having the appropriate prosthetic device fixed for him abroad as the
 Medical Officer has adviced.<o:p></o:p></li>
 <li class="MsoNormal" style="text-align:justify;mso-list:l10 level1 lfo3">Declaration that&nbsp;
 for the fact that the injury sustained has made him incapacitated
 for life at such a tender age resulting in his limitation of improving upon
 his life as well as&nbsp; affecting even
 his prospects of marriage, the defendant is liable to pay him a heavy compensation
 &nbsp;of not less than Gh¢50,000 to
 insure him against a reasonable livelihood<o:p></o:p></li>
 <li class="MsoNormal" style="text-align:justify;mso-list:l10 level1 lfo3">Interlocutory injunction to restrain the defendant
 from throwing out the plaintiff from the one room in the defendant’s
 mother’s house at Labadi he has been made to occupy since 1999 pending the
 determination of the suit and payment of compensation to him to enable him
 to find a place of his own<o:p></o:p></li>
 <li class="MsoNormal" style="text-align:justify;mso-list:l10 level1 lfo3">Orders to the defendant to continue to pay the
 defendant the maintenance money he had been paying with appreciating increase
 to reflect the rising cost of living pending the determination of the
 suit.<o:p></o:p></li>
</ol>The
facts of the case as stated by him are that he is an orphan and his auntie
brought him to Accra from the village in 1999, and entrusted him to the
defendant to learn masonry.&nbsp; The 1st
defendant is the managing director of Fasat Construction Company Limited which
engages in building.&nbsp; The 1st defendant
accommodated he and four others in the mother’s house at Labadi and paid him
Gh¢0.17 for his wages and upkeep for jobs done by him at various construction
sites of the company.&nbsp; This payment got
increased to Gh¢0.50.<o:p></o:p>On
25th April 2002 the respondent unfortunately had an accident and had
his right hand caught in the concrete mixing machine while he was cleaning same
after close of work that day.&nbsp; He was
rushed to the 37 Military Hospital where his right hand was amputated.&nbsp; He was on admission for four months and had one
month out-patient treatment. The appellant admitted he suffered the injury in
course of working for him so bore all the hospital, out-patient and maintenance
expenses and also allowed him to continue to stay in the room at Labadi.<o:p></o:p>After
the full healing of the amputated hand, the appellant assigned him to his office
to clean and ran errands for the company for an allowance of Gh¢36 increased to
Gh¢60 and Gh¢6 deducted at source to pay his income tax and social security
contributions.<o:p></o:p>The
medical doctors who treated him advic</main>