JACOB ADUMOAH TETTEH & ANOR vs. PANOFI CO. LTD. [2019]DLHC8984

Date	2019-04-18
Suit No.	SUIT NO. AC/54/2013
Citation No.	[2019]DLHC8984

HIS LORDSHIP JUSTICE EMMANUEL AMO YARTEY (J)

AHUMAH OCANSEY FOR PLAINTIFFS

EDNA LOUISA AKULIGA FOR JOYCE AGYEMANG ATTEFFAH FOR DEFENDANT

[2019]DLHC8984
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													<main id="main" class="content" style="min-height: 60rem" >JACOB ADUMOAH TETTEH &amp; ANOR<o:p></o:p>(PLAINTIFFS)<o:p></o:p>vs.<o:p></o:p>PANOFI CO. LTD.<o:p></o:p>(DEFENDANT)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT (LAND DIVISION 7), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT NO. AC/54/2013 &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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE:
18TH APRIL, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>AHUMAH OCANSEY FOR PLAINTIFFS<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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EDNA LOUISA AKULIGA FOR JOYCE AGYEMANG ATTEFFAH FOR DEFENDANT<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;
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HIS LORDSHIP JUSTICE EMMANUEL AMO YARTEY (J)<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;
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</div><o:p>&nbsp;</o:p>The case of the Plaintiffs as captured by their claim is that they are
former employees of the Defendant and that they worked with the Defendant as
all-purpose deck sailors from January 2010 to the time of the accident.<o:p></o:p><o:p>&nbsp;</o:p>It is the case of the Plaintiffs that while on the high seas, they
sailed beyond the fishing waters of Ghana fishing for tuna.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiffs aver that on the 28th of February, 2010, while on
the high seas, Plaintiffs were in the cold room below deck, packing tuna into
fish holds for transfer onto another carrier. On account of the severe cold
Plaintiffs made attempts to come out into the fresh air to catch their breath
and warm up awhile before going down again. Plaintiffs add that this is what
they do, till they finish packing the fish.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiffs state that on the aforesaid day, the Korean masters up on
deck shouted at them to keeploading the fish and refused to allow them to get
out of the hatch below. According to the Plaintiffs, they shouted for help
since they were freezing at the time their Korean masters kept them there until
a Ghanaian Officer heard their screams and let down a fish container by crane,
which lifted them up.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiffs say
that they were thereafter admitted at an Abidjan Clinic in Cote d’Ivoire where
they were treated for 2nd degree burns of the fingers.&nbsp; Subsequently the Defendant Company arranged
for the State Insurance Company to pay out Workmen’s Compensation to them as a
matter of an insurance scheme covering their workers. According to the
Plaintiffs, the State Insurance Company computed GH¢4,155.38 as compensation
for each of them but they turned down same since it was inadequate.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiffs aver
that they sought to know from the Defendant Company through their relation who
was pursuing matters for them whether the Company would make additional
payments to enhance that of the insurance on account of the severity of the
injury to their fingers but the Defendant Company replied that they had nothing
more to add.<o:p></o:p><o:p>&nbsp;</o:p>It is the case of the Plaintiffs that the 1st
Plaintiff is married with five children, four of whom are schooling. They
contend further that the inhumane treatment meted out to them by the Koreans on
board the vessel amounted to modern-day slavery and that their negligent
behaviour caused and aggravated the injury to their fingers and indeed threat
to their lives as well. The 2nd Plaintiff also stated that he is
also married with kids.<o:p></o:p><o:p>&nbsp;</o:p><</main>