ALBERT ADAMS AND GRACE ABENA EHROMAH vs. MICHAEL OPPONG RAIN AND JAKA INVESTMENT LIMITED [2017]DLHC3955

ALBERT ADAMS AND GRACE ABENA EHROMAH vs. MICHAEL OPPONG RAIN AND JAKA INVESTMENT... [2017]DLHC3955

Date	2017-09-03
Suit No.	SUIT NO: BC 252/2014
Citation No.	[2017]DLHC3955

JUSTICE KWEKU T. ACKAAH-BOAFO

MR. ALEXANDER ADJEI FOR THE PLAINTIFFS

MR. ISAAC OFOSU-BOATENG FOR THE 2ND DEFENDANT

[2017]DLHC3955
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													<main id="main" class="content" style="min-height: 60rem" >ALBERT ADAMS AND GRACE
ABENA EHROMAH<o:p></o:p>vs.<o:p></o:p>MICHAEL OPPONG RAIN AND
JAKA INVESTMENT LIMITED<o:p></o:p>[HIGH
COURT (GENERAL JURISDICTION DIVISION, COURT 6) 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: BC 252/2014&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: 9TH
MARCH, 2017<o:p></o:p>

MR.
ISAAC OFOSU-BOATENG FOR THE 2ND DEFENDANT <o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
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solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>Introduction: <o:p></o:p>[1] To lose a loved
one is to be bereaved, and the emotional experience including coming to terms
with the loss is in the realm of grief. In this regard, the Plaintiffs as part
of their grieving and to finally come to terms with the loss of their beloved
family member have brought this action against the Defendants herein.. <o:p></o:p>This
action arises out of a vehicle accident that occurred on October 24, 2012, when
the Plaintiffs‟ family member, Bernard Sarpong was
knocked down, sustained some injuries and subsequently died from his injuries.
The accident occurred when the deceased was crossing the road as a pedestrian
at McCarthy Hill Junction, Accra. The vehicle was being driven by the 1st
Defendant, Michael Oppong Rain, and owned by the 2nd Defendant Jaka Investment
Limited. The deceased was injured and was rushed to the Korle Bu Teaching
Hospital in Accra but died in the course of receiving treatment. A police
accident report was prepared but there is no evidence that anyone was charged
and prosecuted.&nbsp; <o:p></o:p>[2] On the 4th day of
March 2014 the Plaintiffs caused the writ of summons accompanied by a statement
of claim to issue against the Defendants for the following relief: <o:p></o:p>(i)
A Declaration that the accident on 24th October 2012 that resulted in the death
of the deceased (Bernard Sarpong) was as a result of the negligence on the part
of the 1st Defendant. <o:p></o:p>(ii)
Payment of GH¢100.00 per week from 24th October 2012, for 36 years to the
administrators for the upkeep of Emmanuel Boye Sarpong and GH¢50.00 per week
from 24th October 2012 for 36 years as damages towards the upkeep of the 2nd
Plaintiff. <o:p></o:p>(iii)
An order directed at the Defendant to pay damages of GH¢15,000.00 to the
Plaintiffs for the cost of Bernard Sarpong‟s
funeral and related expenses. <o:p></o:p>(iv)
Interest on the sum of GH¢150,000.00 from 24th October 2012 up to the final
judgment. <o:p></o:p>(v)
Costs and legal fees assessed at 10% of item (ii), (iii) and (iv) supra. <o:p></o:p>(vi)
Any other reliefs which the Honourable Court deem fit.&nbsp; <o:p></o:p>[3] First, a Notice of
Entry of Appearance was filed on March 18, 2014 by Patricia Naa Afarley Dadson
of Sam Okudzeto &amp; Associates on behalf of the 2nd Defendant only.
Subsequently, another appearance was entered by Edward Mills Esq. of Quist,
Brown, Wontumi and Associates for both defendants. Further, a joint statement
of defence was filed on behalf of the Defendants by Counsel, Edward Mills on
December 2, 2014.&nbsp; On April 4, 2014
Counsel for&nbsp; the Plaintiff filed a motion
on notice to strike out the appearance entered on behalf of the 2nd Defendant
and for interlocutory judgment in default against the 1st Defendant. This Court
differently constituted dismissed the Plaintiff‟s
application on May 29, 2014. On February 3, 2015 Isaac Ofosu-Boateng Esq. filed
a Notice of Change of Solicitor to replace Patricia Naa Afarley Dadson as
counsel for the 2nd Defendant. The 2nd Defendant obtained the leave of the
Court to file a defence out of time. Subsequently, an Amended Statement of
Defence was filed on March 14, 2016.&nbsp; <o:p></o:p>Plaintiff’s Claim - Pleadings <o:p></o:p>[4] The case of the
Plaintiff is that on October 24, 2012 at about 4:20 P.M. at McCarthy Hill
Junction in Accra the deceased (Bernard Sarpong) was negligently knocked down
by the 1st Defendant who was the driver of Nissan Sentra Private Car with
registration number GW 190511 owned by the 2nd Defendant. The Plaintiffs claim
that the 1st Defendant was negligent and particularized same to include the
fact that he drove at a high speed without regard to other road users
especially pedestrians at McCarthy Hill Junction, that he failed to control and
apply the brakes in a manner that ordinarily a diligent driver would have done
in the circumstance and failing to have due regards to road signs and traffic
lights. The deceased was injured and was evacuated to the Korle Bu but he died
while he was receiving medical treatment.&nbsp;&nbsp;
<o:p></o:p>[5]