DR. R.S.D. TEI AND EVELYN JUMBO vs. MESSRS CEIBA INTERCONTINENTAL [2017]DLCA5011

Date	2017-07-29
Suit No.	SUIT NO.: H1 / 85 / 2017
Citation No.	[2017]DLCA5011

S. K. MARFUL-SAU (PRESIDING)

B. F. ACKAH-YENSU (MS.) JA

M. M. AGYEMANG (MRS.) JA

MR. EMMANUEL S. GOKA FOR PLAINTIFFS / APPELLANTS

[2017]DLCA5011
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >DR. R.S.D. TEI AND EVELYN JUMBO<o:p></o:p>(PLAINTIFFS
/ APPELLANTS)<o:p></o:p>vs.<o:p></o:p>MESSRS CEIBA INTERCONTINENTAL<o:p></o:p>(DEFENDANT
/ RESPONDENT)<o:p></o:p>[COURT
OF APPEAL (CIVIL DIVISION), ACCRA]<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">

SUIT NO.:
H1 / 85 / 2017&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: 29TH JUNE, 2017<o:p></o:p>

</div>COUNSEL:<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">

MR. EMMANUEL S.
GOKA FOR PLAINTIFFS / APPELLANTS<o:p></o:p>

</div>CORAM:<o:p></o:p>S. K. MARFUL-SAU (PRESIDING), B. F. ACKAH-YENSU
(MS.) JA, M. M. AGYEMANG (MRS.) JA<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
padding:1.0pt 0in 1.0pt 0in">

<p class="MsoNormalCxSpMiddle" align="center" style="text-align:center;line-height:
115%;border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>AGYEMANG
JA:<o:p></o:p>In this appeal the plaintiffs/appellants (hereafter
referred to as the plaintiffs) pray this court for the judgment of the High
Court, Commercial Division, Accra delivered on the 3rdof December
2015, to be set aside and for judgment be entered for them.<o:p></o:p>These are the antecedents of this case: the first
plaintiff/appellant was a fare-paying passenger on board the
defendant/respondent’s aircraft on a flight from Accra, Ghana to Malabo,
Equatorial Guinea. He was in the process of taking his seat on the aircraft when
a fellow passenger opened an overhead bin, and falling luggage hit his eye.
This resulted in injury to his left eye which bled in consequence. Cabin crew who
were called to the scene and observed the first plaintiff’s bleeding eye, allegedly
responded to the situation not by offering help to the injured passenger, but by
simply handing cotton wool and gentian violet to the second plaintiff who was
travelling with the first plaintiff. These, the second plaintiff who possessed
no gloves or other protective gear, was expected to use, and did use to dab the
blood oozing from the injured eye. At this time the aircraft was on the tarmac
of the Kotoka International Airport, Accra. Throughout the flight, and even
when the passengers disembarked at Malabo, the bleeding continued and the first
plaintiff, who had severe headache throughout, was said to have received no
help from the defendant/respondent (hereafter referred to as the defendant). It
was the evidence of the first plaintiff that having been neglected by the defendant
on board the flight and after disembarkation, he only received medical
attention through the intervention of the President of Equatorial Guinea who
bore the cost of the medical treatment. He testified that as part of the
treatment, he underwent eye surgery in Equatorial Guinea, and that upon his
return to Ghana, he continued to receive treatment at his own cost for the injured
eye which unfortunately lost vision and became disfigured. By reason of the
injury, he has also had to engage nursing help. <o:p></o:p>The first plaintiff is now one-eyed by reason of
the incident which occurred when the plaintiffs were traveling to Equatorial
Guinea for business. The first plaintiff, an international engineering
consultant, and Executive Chairman of Rockshell International Limited, Delta
Group and other companies, was expected to engage in a business discussion
towards a contract with the government of Equatorial Guinea to install an
energy plant in the country’s territorial waters. The second plaintiff, the
Executive Secretary to the first plaintiff, as well as a lawyer: Mr. E.S. Goka,
travelled with the first plaintiff to assist in the meeting.<o:p></o:p>It was the first plaintiff’s case that beyond the
pain and suffering and the attendant cost of treatment and nursing arising from
the physical injury, he also lost considerable earnings as he was unable to
return to Equatorial Guinea as scheduled to sign the contract for which he held
discussions with its President. <o:p></o:p>It was the case of the second plaintiff that by
reason of the incident which resulted in injury to the first plaintiff’s eye, and
the lack of care, help, or support from the airline crew, she was placed on the
position of having to give first aid which involved the dabbing of blood from
the injured eye of the first plaintiff without any protective covering, and
that her fear of contracting blood-related medical conditions including HIV or
Hepatitis A, B, or C, had resulted in anxiety and emotional trauma to her.<o:p></o:p>By reason of these matters, the plaintiffs
commenced suit against the defendant claiming for the first plaintiff: damages
for loss of earnings, pain and suffering (past and future); emotional distress,
cost of drugs and transportation to receive medical care, punitive damages for
the defendant’s uncaring and reprehensible conduct; and costs, and for the
second plaintiff: damages for psychological or emotional trauma and anxiety, GHC
12,000 being the cost of drugs purchased, and general damages for future
treatment and drugs.<o:p></o:p>The defendant failed, or neglected to enter
appearance to the suit. Thus did the court grant the plaintiffs’ application
which resulted in the entry of an interlocutory judgment for the plaintiffs in
the following terms: judgment for the sum of GHC20,000 with costs of GHC2,000. <o:p></o:p>The suit was adjourned for the assessment of
damages with due notice to the defendant. The defendant failed to participate
in the entire trial process.<o:p></o:p>The court therefore took the evidence of the two
plaintiffs and reserved judgment. On December 3, 2015 the court delivered
itself of a judgment which negated and effectively set aside the default
judgment, holding that the plaintiffs had no cause of action against the defendant.<o:p></o:p>