HOME               REVIEW OF GHANA LAW 1980

PERSONAL INJURIES: RECENT AWARDS [1980] VOL. XIII RGL 134—147

S. O. and D. R. K. S.

(Unless otherwise stated all awards are for road accident cases.)

1.  Fatal Injuries

ABU v. ESHUN (Osei-Hwere J., Cape Coast, 13 February 1979). An only girl amongst

many brothers, aged 8, died one day after sustaining very serious injuries. Award: ¢2,450 (¢2,400 loss of expectation of life; ¢50 being special damages for funeral expenses).

ADABO v. GHANA CONSOLIDATED DIAMONDS LTD. (Osei-Hwere J., Cape Coast, 19 June 1979). Deceased male, mines labourer, aged 30, earning ¢434.16 annually survived by a widow and four-year old infant daughter. Widow likely to re-marry. Award: ¢17,600 (¢15,000 loss of dependency of infant child calculated on seventeen years' purchase; ¢1,000 mental distress to dependants; ¢1,200 loss of expectation of life and ¢400 special damages for funeral expenses).

ADOBILI FRAFRA v. AMPADU (Sarkodee J., Sekondi, 29 January 1979). Deceased male farmer, aged 48, earning ¢150 monthly. Award: ¢22,000 (¢20,000 loss of prospective income allowing twelve years' purchase, scaled down, and ¢2,000 loss of expectation of life).

APPIAH v. SUKA (Cecilia Koranteng-Addow J., Accra, 18 May 1979). Deceased hotel proprietor, aged 31, earning ¢1,400 monthly as assessed by court. Survived by two widows aged 29 and 27 respectively, likely to re-marry; five infant children and parents all as dependants. Award: ¢86,000 (¢80,000 loss of prospective income based on 24 years' purchase and taxed down; ¢2,000 loss of expectation of life and ¢4,000 special damages for funeral expenses).

DZOGEEDE v. ODOI (Cecilia Koranteng-Addow J., Accra, 19 December 1978). Deceased female adolescent, age not certain; a healthy strong girl with reasonable measure of prospective happiness. Deceased not given any education or special training but assisting mother to sell in the market. Award: ¢2,750 (¢1,500 loss of services; ¢600 loss of expectation of life and ¢650 special damages).

HAMILTON v. VETRICO (GHANA) LTD. (Okunor J., Cape Coast, 4 June 1979). Deceased male employee driver, aged 27, earning ¢300 monthly, survived by widow, a seven-year-old infant boy and 60-year old mother as dependants. Award: ¢19,150 (¢4,500 scaled down by one-sixth for infant child with nine years' purchase and a yearly maintenance of ¢600; ¢2,400 taxed for mother with five years' purchase on a yearly maintenance of ¢480 and ¢10,000 for widow on a maintenance of ¢600, scaled down by one-third; ¢250 pain and suffering; ¢1,000 loss of expectation of life and ¢1,000 for funeral expenses).

LAMPTEY v. MENSAH (Cecilia Koranteng-Addow J., Accra, 8 May 1979). Deceased professional photographer, aged 56, monthly income not known but assessed by court at about ¢600 monthly. Deceased, father of eleven children aged between six and 15 years. Award: ¢28,500 (¢27,000 dependency and ¢1,500 special damages for funeral expenses).

MENSAH v. OKO (Osei-Hwere J., Cape Coast, 31 July 1979). Deceased female, trader, aged 36, died on the spot from injuries sustained. Deceased had six infant children aged between 6 and 13 and her mother as dependants. No evidence on contribution of father towards maintenance of infant children. Award: ¢18,200 (¢16,800 loss of dependency, based on reasonable expectation of ¢100 per month remittance at 14 years' purchase; ¢400 funeral debt and ¢1,000 mental distress).

VORMAWOR v. AKPEDO (Andoh J., Ho, 6 June 1978). Deceased aged 38, earning ¢50 monthly as a typist grade I. Survived by a wife, three children of tender age and an 85-year-old grandmother—all dependants Award: ¢4,250.

WARE II v. AMPADU (Ansah-Twum J., Sekondi, 18 May 1979). Deceased aged 22, an employee of the Ministry of Health, earning a yearly income of ¢673.92. Died at the scene of accident after sustaining very serious injuries. Deceased supporting father and mother aged 75 and 80 respectively. Award: ¢3,120 inclusive of the sum of loss of expectation of life.

WIREKU v. ARMAH (Osei-Hwere J., Cape Coast, 10 January 1980). Girl, aged 21 with secondary education and trained as stenographer. Earning ¢124 monthly on temporary employment with the Electricity Corporation and survived by a ten-month-old baby daughter. Award: ¢18,000 (¢3,000 loss of expectation of life; ¢1,000 funeral expenses; ¢14,000 loss of dependency of infant daughter calculated on twenty years of purchase and taxed down by one-third).

2. Multiple Injuries

ACHEAMPONG v. BUDU (Osei-Hwere J., Cape Coast, 26 July 1979). Male, site engineer with the State Construction Corporation, age and earnings unspecified. Lacerated wounds on face and back, multiple abrasions on body and fracture of fourth, fifth and sixth left ribs. Hospitalised for one week but prematurely discharged as a result of doctors' strike; treated by herbalist for more than two-and-a-half months. Wounds healed but continuing pain in ribs during cold weather and suffers inconvenience in climbing heights in course of employment. No evidence of loss of income. Award: ¢2,300 (¢2,000 pain and suffering and inconvenience in climbing heights and ¢300 disfigurement).

ADADZEWA v. QUANSAH (Wuaku J., Cape Coast, 13 February 1980). Female, trader, aged 35, earning ¢80 per month. Contusion of and laceration on right cheek; contusion of and abrasions on upper arm, elbow and lower arm of right hand, contusion of left femur and left lower leg; dislocated fracture of left femur; laceration on left foot. Hospitalised but period unspecified. Left leg now shorter by 2½cm. resulting in dragging of foot when walking; shortening of leg leading to tilting of pelvis with possibility of hinderniss (an obstacle) during delivery. Permanent incapacity assessed at 30 per cent and disfigurement at fifteen per cent. Award: ¢12,640 (¢9,600 (scaled down) loss of future earnings for fifteen years; ¢3,000 pain and suffering and ¢40 special damages).

AGYEI v. QUANSAH (Apatu-Plange J., Koforidua, 20 July 1979). Boy, aged 7, knocked down unconscious while crossing street. Multiple lacerations on left eyebrow; multiple abrasions on back and intra-abdominal injuries with raptured spleen; loss of upper teeth. Hospitalised for six-and-a-half months; out-patient up till time of action. Resultant removal of spleen and thus reducing ability to fight infectious diseases; epileptic attacks; impairment of intellect; slowness of action and occasional incommunicability. Permanent disability assessed at 50 per cent. Award: ¢35,510 (¢6,510 special damages; ¢20,000 permanent incapacity and ¢9,000 pain and suffering).

AMA v. QUAISON (Ansah-Twum J., Sekondi, 1 June 1979). A 50-year-old woman trader in poor health, earning ¢45 monthly. Severe contusion of the pelvis leading to vaginal bleeding and severe contusion of the chest leading, to compression pain of the ribs. Permanent disability assessed at fifteen per cent. Award: ¢4,200 (¢2,700 loss of prospective income for five years; ¢1,000 pain and suffering and ¢500 loss of amenities).

ANDAH v. ABAKA (Wuaku J., Cape Coast, 20 September 1978). Male, employee of U.A.C. Motors, aged 34, earning ¢180 a month. Hospitalised for eighteen months; traumatic fracture, dislocation of the hip, fracture of left humerus. Incapacity of the autylosis of both the left hip and left knee and gross limitation of movement of the shoulder. Incapacitated from playing football, walking, dancing and swimming. Permanent incapacity assessed at hundred per cent. Award: ¢72,412 (¢29,920 loss of prospective earnings at eighteen years' purchase scaled down; ¢4,000 loss of income, ¢42,000 compensatory damages and ¢492 special damages).

ARCTON v. ACCRA-TEMA CITY COUNCIL (Cecilia Koranteng-Addow J., Accra, 14 December 1978). Female, sales-girl at Kingsway Stores, aged 38 and earning ¢109 per month. Laceration of the right thumb with dislocation; deep laceration at the back of the right thigh with loss of muscle and skin; fracture at the upper end of the left shaft and femur; laceration of the anterior aspect of the right knee; abrasions of the forehead and laceration of the upper lip with fracture at the base of the incisors of the upper jaw; hospitalised in a deeply shocked state. Permanent incapacity assessed at 47 per cent. Award: ¢16,974.35 (¢5,000 pain and suffering and shock; ¢8,000 disability and disfigurement; ¢1,500 loss of amenities; ¢300 loss of two teeth and ¢2,174.35 special damages).

ARTHUR v. QUAISON (Ansah-Twum J., Sekondi, 1 June 1979). Male, painter, aged 46 with income unspecified. Injuries to lips and gums, shaky front teeth, laceration of the left wrist but no visible scar at the dorsum of the left wrist. Permanent disability assessed at twelve per cent. Award: ¢1,100 (¢600 pain and suffering and ¢500 loss of amenities).

ATINGA FRAFRA v. MENSAH (Cecilia Koranteng-Addow J., Accra, 28 December 1978). Male, watchman, aged 46, earning ¢300 from two jobs. Serious injuries to the base of the skull, fractured right scapula, loss of teeth, damage to left car resulting in deafness, lacerations and abrasions over the face, shoulders, chest, abdomen and legs. Work as watchman seriously affected. Permanent incapacity assessed at 30 per cent. Award: ¢5,000 general damages.

DANIEL v. TORMEKPEY (Cecilia Koranteng-Addow J., Accra, 31 October 1978). Male, tailor, aged 24, income unspecified. Twisted and tender neck, contused chest and abrasion of the left leg. Resultant bodily pains and persistent headaches. Permanent disability assessed at eleven per cent. Award: ¢1,500.

ESHUN v. ABEW (Sarkodee J., Sekondi, 31 July 1979). Male, seaman, aged 35, earning ¢95 per month plus allowance of ¢80 for every six months at sea. Contusion of chest; laceration of chin and upper lip and abrasion of abdomen. Unconscious after accident but treated and discharged same day; out-patient for two months. Resultant scar on abdomen. Fully recovered and back at work. Permanent disfigurement assessed at 50 per cent and permanent incapacity at ten per cent. Award: ¢1,800 (¢200 pain and suffering; ¢1,000 loss of income; ¢200 pecuniary loss and ¢400 loss of amenities).

KUMA v. KWADJO (Agyepong J., Accra, 17 March 1978). Male, owner-driver, aged 55, earning a monthly income of ¢884. Simple fracture of the upper pole scapula, compound comminuted fracture of the right tibia and fibula, compound Pott's fracture of the ankle, and compound segmental fracture of the tibia and fibula of the left leg. Unconscious for two days and hospitalised for 76 days. Unable to drive and supporting himself with a stick. Permanent disability at 35 per cent and cosmetic disfigurement at 25 per cent. Award: ¢14,988 (¢5,600 loss of future earnings; ¢2,500 disfigurement and deformity; ¢1,000 social disability; ¢5,500 pain and suffering and ¢388 special damages).

MAHAMA v. BRAIMAH (Taylor J., Tamale, 18 July 1979). Male, interpreter at district court, age and earnings unspecified. Abrasions on shoulder, elbow and forearm of right arm and deep laceration on right hand exposing the tendons. Hospitalised for a week; attended as out-patient three times and also received native treatment. Resultant large scars on shoulder, elbow and forearm of right hand; extensive tissue scar on dorsum of right hand causing partial contracture of right hand, second to fifth fingers in half-flexed position with considerable loss of strength in right arm and incoherent movements of the fingers resulting in lots of difficulties in writing; hypersensitivity in scars causing irritation on contact with heavy clothing; movement of shoulder and elbow joints normal but wrist joint in flexed position impairing dorsal flexion. No possibility of improvement in right hand through operation. Physical incapacity assessed at 60 per cent. Award: ¢6,800.30 (¢2,500 pain and suffering; ¢3,000 loss of amenities; ¢1,000 loss of prospects in future difficult labour market and ¢300.30 special damages).

MARFO v. NKRUMAH (Cecilia Koranteng-Addow J., Accra, 18 April 1978). Area bank manager, aged 45, earning a yearly income of ¢6,120. Injuries to the head, abdominal injury and fracture of the pelvis. Several cuts on the head, fractured skull, cerebral contusion and intracranial haemorrhage. Hospitalised for six months. Resultant pain in the pelvis, headaches, dizziness and stiff hip. Possibility of early arthritis of the left hip and future epileptic attacks. Physical disability assessed at 35 per cent. Award: ¢15,000 (¢4,000 pain and suffering; ¢2,000 loss of amenities; ¢8,000 disfigurement and ¢1,000 future disablement).

MENSAH v. AKWARFO (Apatu-Plange J., Koforidua, 18 December 1978). Boy, aged 7, sustaining serious injuries after being knocked down by defendant's vehicle. Cerebral contusion, laceration of scalp, left forehead, abrasions of left waist and both elbow joints, fractured femur, tibia and fibula; hospitalised for three months and out-patient for one year; changed personality and absent-mindedness in classroom. Painful knee and deformity of left leg with waist pains and intermittent headaches. Permanent incapacity assessed at: facial deformity 25 per cent, leg deformity 25 per cent and cerebral injury 20 percent. Award: ¢42,000 (¢20,000 brain injury; ¢15,000 deformities and ¢7,000 pain and suffering).

MOHAMMED v. ESHUN (Osei-Hwere J., Cape Coast, 13 February 1979). Male, chief messenger at the Regional Office, Cape Coast, earning ¢65.61 monthly with age unspecified. Hospitalised for seven months; compound fracture of the left tibia and fibula; dislocated fracture of the left humerus and multiple abrasions. Resultant shortage and deformity of the left lower limb, chronic osteomyelitis and multiple post operative scars; needs orthopaedic support for left limb whilst chronic esteomyelitis will affect general health condition for the future. Permanent disability assessed at hundred per cent. Award: ¢22,859 (¢1,000 pain and suffering; ¢15,000 loss of amenities and inconvenience; ¢2,459 loss of actual earnings; ¢2,000 low of future earnings and ¢2,400 loss of expectation of life).

NYAME v. ODURO (Osei-Hwere J., Cape Coast, 8 October 1979). Male, farmer and mason, age unspecified, no proof of salary. Contusion of mouth, nose, ribs and loss of two incisors. Treated in hospital and discharged. Award: ¢1,600 (¢800 pain and suffering and ¢800 permanent disability).

OBENEWAH v. ASARE, (Apatu-Plange J., Koforidua, 8 January 1980). Female, farmer, aged 60, earning ¢300 monthly. Suffered deep laceration of right lower arm and forehead and fracture of femur of left leg. Hospitalised for two weeks; out-patient for two weeks. Resultant ghastly scars on right hand and continuing pains in left leg. Unable to work for two years. Permanent disability assessed at ten per cent. Award: ¢15,700 (¢7,200 loss of earnings for two years; ¢5,000 permanent disability and ¢3,500 disfigurement).

OBENG v. ASARE (Quashie-Sam J., Kumasi, 13 March 1980). Male, timber track mate at time of accident, age unspecified, earning ¢60 per month. Injuries to head, hand, mouth, back and buttocks. Unconscious after accident but recovered same day at hospital and hospitalised for 34 days. Extensive scars on back of head, multiple scars on both upper arms, left forearm, back of right chest and right buttock with several of the scars showing keloid hypertrophy; pain in keloid scar back of right elbow when elbow used; pain in scars of head and inside cranium. Inability to play football, sing, dance or play drums. Now a farmer earning ¢210 per month. Award: ¢3,000 (¢2,500 pain and suffering, loss of amenities, physical disability and permanent scars and ¢500 reduced earning capacity).

OTCHERE v. AGYIRI (Amuah J., Koforidua, 29. October 1979). Boy, aged 14, severe injuries to head and face and rapture of globe of right eye with total loss of sight and fracture of right seventh rib. Unconscious for 24 hours and hospitalised for three months; out-patient for ten months. Resultant nasty permanent scar with incipient keloid formation on right side of forehead and face and extreme skull tenderness on compression; inability to close right eye fully; tenderness in zone of right seventh rib and nasty permanent scars on right chin. Epileptic attack seven years after accident forced him to give up charcoal production from which he was then earning ¢2,000 per annum and was advised by doctor not to work again. Likelihood of loss of sight in left eye in near future. Permanent disability assessed at 65 per cent and permanent disfigurement assessed at 20 per cent. Award: ¢53,000 (¢6,000 pain and suffering; ¢40,000 (scaled down) loss of earnings; ¢4,000 loss of amenities and ¢3,000 special damages).

SERWAH v. ODURO (Osei-Hwere J., Cape Coast, 8 October 1979). Female, work unspecified, aged 25, no proof of income. Injuries to back, waist, both shoulders and contusion of abdomen causing abortion of six months' old pregnancy. Hospitalised for three weeks and a day. Resultant scars on and pain in scapula and both shoulders, back and left hip during walking; walks with gait tilting to the left. No evidence of loss of income. Permanent disability assessed at 40 per cent. Award: ¢5,500 (¢2,500 pain and suffering and ¢3,000 permanent disability).

SCHIMMEL v. ANDREWS AGENCIES LTD. (Cecilia Koranteng-Addow J., Accra, 2 March 1979). Female, housewife, aged 32. Fracture of the right femur, dislocation of left hip-joint, lacerations involving the left elbow, multiple abrasions and contusion of the body and segment fracture of the right humerus. Hospitalised for five months. Permanent disability assessed at between 26 and 36 per cent. Global award: ¢18,000.

TAY v. DOLI (Cecilia Koranteng-Addow J., Accra, 31 July 1979). Male, aged 41, drumming teacher with Arts Council, married to a young wife and has three infant children, income unspecified. Osteoarthritis in neck bones aggravated resulting in painful but stable fracture of vertebra of neck and concussion of brain. Hospitalised for two months. Suffered depression after discharge and attempted to commit suicide. Re-admitted for psychiatrical treatment. Resultant continuing depressive moods, irritability and inability to play with his children because cannot swim, play tennis, play drums or drive his car; pain in neck and loss of sex drive. In the early stages of dementia. Permanent incapacity assessed at 60 per cent (assessment considered too high by court). No loss of income. Global award: ¢10,000.

TEDEKU v. KASSAH (Cecilia Koranteng-Addow J., Accra, 21 June 1978). Male, cook, aged 44, earning a monthly income of ¢48. Head injury with cerebral concussion; fracture of right humerus; laceration of left wrist, right upper eyelid and left middle finger. Right arm completely useless. Damage to left half of brain, speech and eyesight impaired. Incapable of doing anything by himself. Permanent incapacity assessed at hundred per cent and disfigurement at twenty per cent. Award: ¢25,320 (¢5,920 loss of earnings; ¢2,000 loss of amenities and disfigurement; ¢15,000 services of an attendant; ¢2,000 pain and suffering and ¢400 special damages).

YABUL v. OSMANU (Taylor J., Tamale, 24 July 1979). Male, farmer, aged 25, earning ¢840 per year. Head injury; fracture of upper third of right femur; laceration of occipital bone of skull, right foot and chin. Hospitalised for five weeks. Resultant tender keloid scar over occipital bone; scars over right shoulder and right big toe; right leg 5 cm. shorter than left causing bad limp and dislocation of right hip limiting right movements especially in external rotation. Continuing pains in right hip and lower back resulting in inability to walk properly or farm. Assessment of incapacity unspecified but almost totally incapacitated for the rest of his life. Award: ¢21,900 (¢12,600 loss of future earnings for fifteen years; ¢2,500 loss of future earning capacity, ¢3,800 pain and suffering and ¢3,000 loss of amenities of life).

3. Scars and Cosmetic Deformity

AGBOMADZI v. ABEFE (Cecilia Koranteng-Addow J., 30 March 1979). Male, driver, aged 28, earning a monthly income of about ¢160. Sustained severe burns covering face, both arms, legs and back. 50 per cent of body surface burnt. Excessive keloid condition affecting all burnt areas. Hospitalised for ten weeks. Unable to drive or wear normal shoes. Disability assessed at 40 per cent. Award: ¢17,000 (¢10,000 disability; ¢5,000 disfigurement and ¢2,000 pain and suffering and loss of amenities).

AMEGBOR v. QUAYE (Cecilia Koranteng-Addow J., Accra, 21 May 1979). Seamstress, aged 40, income unspecified. Conspicuous big scars on the right side of face above right eye. Conspicuous keloid on right side of neck, and multiple scars on dorsal part of left hand, right shoulder, both legs and all over the body. Loss of consciousness for six days, hospitalised for twenty days, and out-patient for nine months. Permanent incapacity assessed at ten per cent. Award: ¢4,300 (¢4,000 general damages and ¢300 special damages).

ASARE v. SUKA (Cecilia Koranteng-Addow J., Accra, 14 March 1979). Young woman, aged 28, employed as labourer with State Farms Corporation with monthly income unspecified. Injuries to left base of the neck, deep laceration of the left arm, laceration of the lower lip and multiple superficial lacerations of the face and neck. Resultant severe ugly and dangerous scarring: ugly keloidal prominent scar at left base of neck covering and area of 15 cm. by 10 cm., 13 cm. keloidai scar running oblique at the front of the left arm. Restricted to particular style in dressing because of ugly scarring on the neck. Disfigurement due to scarring assessed at 40 per cent  with physical incapacity assessed at ten per cent. Award: ¢7,500 (¢4,000 disfigurement ¢2,000 disability and ¢1,500 pain and suffering).

DUHON v. ANDREWS AGENCIES LTD. (Cecilia Koranteng-Addow J., Accra, 2 March 1979). Female, housewife, aged 38. Sustained extensive facial and oral cavity lacerations plus multiple contusions and abrasions and fracture of the left patella. Hospitalised for five days, followed by plastic surgery in the United States of America. Disfigurement assessed at 25 per cent. Global award: ¢10,000.

4.  Brain

AGBO v. ASAFO (Cecilia Koranteng-Addow J., Accra, 17 August 1979). Boy, aged 5. Brain contusion and fracture of anterior fossa. Unconscious for three weeks and hospitalised for six months. Resultant minor external injuries but severe brain injury leading to very slow and slurred speech; weakness of right side of body; lower lip drooping and keeping mouth open all the time; right eye looking squint and inability to grip things with right hand; inability to co-ordinate leg movements; displaying aggressive tendencies. Possibility of loss of sense of smell and also developing epilepsy. Condition not improved sufficiently to start school two years after accident and impossible to predict how long infirmities will persist. No impairment of intellect. Permanent incapacity assessed at 45 per cent. Global award: ¢15,500.

AKOSAH v. DANKYI (Apatu-Plange J., Koforidua, 16 June 1979). Male labourer, aged 40, earning ¢50 a month. Brain injury resulting in complete paralysis of right side of the body. Unconscious on admission to hospital and hospitalised for one month. Permanent incapacity assessed at one hundred per cent. Award: ¢80,679 (¢30,000 permanent incapacity; ¢13,000 pain and suffering; ¢8,000 loss of amenities; ¢7,200 home help wages and ¢22,479 special damages). 

5.  Head

BONNEY v. ABAKA (Okunor J., Cape Coast, 24 July 1979). Female, trader, aged 28, earning ¢20 daily. Left periorbital haematoma; laceration of bridge of nose and upper eyelid; deformed and swollen bridge of nose; multiple abrasions on lower lip and loss of upper incisors. Hospitalised for five days; out-patient for two months. Inability to work for a year. Physical disability assessed at 30 per cent and cosmetic deformity assessed at five per cent. Award: ¢9,076 (¢4,336 (scaled down) loss of earning for a year; ¢1,500 pain and suffering; ¢240 loss of amenities; ¢2,000 physical disability and ¢1,000 cosmetic deformity) 

ESSON v. ODURO (Osei-Hwere J., Cape Coast, 8 October 1979). Infant, age unspecified. Laceration of scalp. Hospitalised for three days. Resultant post commotion syndrome, retarded walking and occasional vertigo. Permanent disability assessed at 15 per cent. Award: ¢2,000 pain and suffering.

OPOKU v. LARYEA (Cecilia Koranteng-Addow J., Accra 5 July 1979). Male, accounts clerk, aged 29, income unspecified. Head injuries resulting in impaired memory, stammering, weakness of the right side of body and loss of virility—having previously enjoyed two years of married life. Unconscious for sixteen days, hospitalised for six weeks and likely to visit hospital as out-patient for about ten years. Permanent disability assessed 75 per cent. Award: ¢15,000 (¢8,000 loss of amenities of life including loss of sexual power; ¢5,000 disability; ¢1,000 affected speech and ¢1,000 pain and suffering).

QUARM v. TIAH (Andoh J., Sekondi, 8 May 1979). Female, seamstress, age unspecified, earning about ¢50 monthly. Extensive laceration on scalp, contusion of the brain and large cut on forehead. Intermittent complaints of headaches and earaches and evidence of brain injury. Hospitalised for nine days followed by six months’ treatment as an out-patient. Disability assessed at twenty per cent and disfigurement at ten per cent. Award: ¢10,500.

SEKYIAMAH v. BOSO (Agyepong  J., Accra, 28 July 1978). Air Force Officer, aged 37 with a monthly income of ¢423 monthly. Cut on the left frontal region of head passing through the back of left eye; top jaw broken resulting in the loss of six teeth in front and two at the top back of jaw. Injuries resulting in attacks of epilepsy and distortion of vision in left eye. Unconscious for 24 hours and hospitalised for two months. Further medical treatment obtained in the United States of America. Permanent damage to left eye assessed at 25 per cent. No loss of income during period of treatment. Award: ¢25,724 (¢13,464 loss of future earnings covering the next eleven years; ¢5,000 the embarrassing sudden attacks of epilepsy; ¢3,500 pain and suffering; ¢3,000 deformed face; ¢700 to cover half of the cost of medical expenses incurred in the United States of America and ¢60 special damages).

6. Eye

FRIMPONG v. GHANA CONSOLIDATED DIAMONDS LTD. (Osei-Hwere J. Cape Coast, 19 June 1979). Housewife-farmer, aged 28. Injuries to the right eyeball with haematoma, both upper and lower eyelids and deep “L” shaped laceration on the right part of face with resultant keloid healed scar on the right side of the face and reduced visibility of the right eye. Award: ¢5,500 (¢4,000 disability to eye and cosmetic disfigurement and ¢1,500 pain and suffering).

SEGUA v. AYENSU (Ansah-Twum J., Sekondi 9 February 1979). Female, trader, aged 56, owner of four textile stores with a yearly turnover of ¢400,000 and a profit of ¢10,000 per annum. Loss of  right eye; frequent headaches and epileptic fits. Hospitalised at Cape Coast Hospital for 49 days and later at Old Church Hospital, Romsford, Essex, United Kingdom for twelve days and treated as out-patient for eight months. Award: ¢7,500 (¢4,000 loss of right eye; ¢2,000 loss of amenities; ¢1,500 pain and suffering).

7. Arm

AMOABA v. BENTUM (Osei-Hwere J., Cape Coast, 30 March 1979). Female, farmer-trader, aged 45, earning about ¢60 daily from trading. Hospitalised for 39 days. Contusion of the right hand, contusion of the right forearm and dislocated fracture of the right forearm (ulna and radius bones); unable to use the right hand in farming, pounding fufu; pains in the right shoulder during cold weather and frequent pains in fractured right forearm and in the hand and resultant withering of the right arm. Permanent physical incapacity assessed at 20 per cent and disfigurement at ten per cent. Award: ¢18,650 (¢1,000 pain and suffering; ¢13,000 loss of amenities and disfigurement; ¢4,500 loss of future earnings and ¢150 extra nursing services).

BOSOMPEM v. APPIAH (Mensah Boison J., Sunyani, 13 September 1978). Male, mason, aged 30, employed by the State Housing Corporation and earning ¢83.02 monthly. Left shoulder and lower and upper arm completely damaged and left arm immobilised and withered. Unable to raise left arm without assistance from right arm; unconscious for six days and hospitalised for nine months. Disability assessed at 45 per cent . Award: ¢33,465 (¢3,735 loss of earnings; ¢16,000 prospective loss of earnings; ¢1,200 loss of income from gardening; ¢12,500 pain and suffering, loss of amenities and cosmetic disfigurement and ¢30 special damages).

GYASI v. STATE GOLD MINING CORPORATION (Owusu-Addo J., Kumasi, 19 July 1979). Male, royal of Apedwa stool of Akim Abuakwa, surveyor, aged 31, earning ¢2,574 yearly. Injuries to right arm, right thigh, chest, head and right side of neck. Hospitalised for 34 days; out-patient for nine months. Resultant amputation of right arm. Inability to play football, table tennis and billiards and no chance of ever becoming chief. Permanent incapacity assessed at 70 per cent. and inability to work as Surveyor assessed at one hundred per cent. Award: ¢70,142.80 (¢3,000 pain and suffering; ¢6,000 loss of amenities; ¢55,142.80 loss of prospective earnings for eighteen years and ¢6,000 handicap in labour market).

MENSAH v. MENSAH (Cecilia Koranteng-Addow J., 19 July 1978). Young man, a farmer, aged between 19-20. Fractured arm; permanent deformity of the left hand. Fifteen per cent deformity, but no disability. Award: ¢1,500.

MFODWO v. TABRI, (Coussey J., Ho, 26 January, 1979). Male, auto-electrician, aged 24 with a monthly income of ¢45. Resultant unemployment. Amputation of left arm. Award: ¢17,000.

8. Chest

SAPOMAAH v. MENSAH (Apatu-Plange J., Koforidua, 28 February 1978). Female, trader in foodstuffs, aged 34, earning ¢200 monthly. Injuries to chest and shoulders—making full range of movements of both shoulders severely restricted: walking with a bent and unable to stretch up. Permanent disability at fifteen per cent. Award: ¢12,500 (¢8,500 loss of earnings; ¢2,500 pain and suffering and ¢1,500 disability).

9. Pelvis

TIMAA v. BOATENG (Ampiah J., Sunyani, 1 March 1979). Female, farmer and trader, age unspecified, earning about ¢12 daily from sale of farm produce. Mainly severe waist pains; unable to carry out normal domestic activities with ease and unable to have sex with husband. Hospitalised for two weeks. Award: ¢7,700 (¢3,000 pain and suffering; ¢3,600 loss of earnings; ¢1,000 loss of social amenities and ¢100 special damages).

10. Waist

ARYEE v. EBETOR (Cecilia Koranteng-Addow J., Accra, 12 July 1979). Female, kenkey seller, aged 27, earning a monthly income of ¢300. Severe waist pains resulting in the loss of three-month-old pregnancy. Unconscious on admission to hospital and hospitalised for three weeks. Award: ¢5,500.

DUAH v. ODURO (Osei-Hwere J., Cape Coast, 8 October 1979). Female, farmer, aged 30, no proof of income. Contusion of left hip and waist. Hospitalised for a day. Occassional pains in waist. No evidence of loss of income. Award: ¢1,500 pain and suffering.

MACARTHY v. AHIPUI (Agyepong J., Accra, 30 January 1978). Young man, aged 26. Hospitalised for two weeks and out-patient for one month. Waist injury leading to loss of sexual power. Award: ¢11,000 (¢6,000 loss of amenities; ¢3,000 pain and suffering; ¢2,000 future loss of earnings).

WODOGO v. ATLANTIC PORT SERVICE (Sarkodee J., Sekondi, 12 July 1979). Male, casual labourer, aged 50, earning ¢2.31 daily; injured in the waist whilst engaged by a stevedoring company in stowing bundles of sawn timber. Hospitalised for 29 days and declared fit for work on discharge. Permanent disability assessed at 30 per cent. Award: ¢1,500 (¢1,000 prospective loss of income; ¢200 pain and suffering and ¢300 loss of amenities).

11. Leg

AMANOR v. APAFO (Amuah Ag. J., Koforidua, 28 February 1979). Male, nurse, aged 44, earning a yearly income of ¢3,336. Injuries mostly to left leg, left face and hand. Hospitalised for ten months and out-patient for periodic check and treatment. Fractures on left femur; upper third left radius and elbow joint. Lacerations on the face and left hand. Left foot shortened by 4.5 cm. (incapacity assessed at 60 per cent. Award: ¢13,000 ¢6,000 pain and suffering; ¢5,000 loss of future earnings; ¢2,000 loss of amenities).

ANOYERE FRAFRA v. TETTEH (Apatu-Plange J., Koforidua, 11 July 1979). Girl, aged 8, earning ¢30 monthly from sale of kola-nuts. Left foot amputated, inability to use right leg without calipers and loss of two upper teeth. Hospitalised for three months. Permanent incapacity assessed at 45 per cent and disfigurement at ten per cent. Award: ¢21,702 (¢10,000 permanent incapacity; ¢5,000 pain and suffering; ¢2,500 loss of amenities; ¢1,500 loss of earnings and ¢2,702 special damages).

ASARE v. ATIA FRAFRA (Cecilia Koranteng-Addow J., Accra, 18 July 1979). Male, fitter in late fifties, earning ¢254 per month. Compound comminuted fracture of left tibia. Hospitalised for one month; out-patient for ten months. Wound not healed; recurrent ulceration of wound at medial of left leg and ankle; left leg swollen with some pitting and bigger in size than right leg resulting in plaintiff walking with analgic limp on left leg; limitation of flexion of left knee. Incapacity assessed at eighteen per cent. Award: ¢11,462.35 (¢4,000 pain and suffering; ¢5,000 disability and ¢2,462.35 special damages).

BAAH v. BASARE (Cecilia Koranteng-Addow J., Accra 15 March 1979). Girl, aged two. Amputation of left leg below the knee. Hospitalised for six months. Award: ¢20,000.

DENYO v. OPOKU (Cecilia Koranteng-Addow J., Accra, 28 June 1977). Male, supervisor at a golf club, aged 47 with income unspecified. Sustained comminuted compound fracture of the lower quarter of tibia and fibula of the right leg. Hospitalised for a month followed by treatment as out-patient. Fracture united but slight posterior bowing of the leg and abduction of the foot. Resultant shortening of the leg and dorsiflexion of the foot reduced by about 30 degrees and plantar flexion by ten degrees. Incapacity assessed at fifteen per cent with cosmetic disfigurement assessed at eight per cent. No loss of income and loss of amenities negligence. Global award: ¢3,000.

FACARTHY v. GYEDU (Sarkodee J., Sekondi, 8 March 1979). Female, student, aged twenty. Pretty girl with good physique interested in sports, netball and dancing. Amputation of left leg above the knee. Permanent incapacity assessed at 60 per cent and disfigurement at twenty per cent. Global award: ¢30,000.

GYAMFI v. APAFO (Amuah Ag. J., Koforidua, 28 February 1979). Male, surveyor, age unspecified, earning ¢4,092 yearly with additional income of ¢1,200 yearly from farming. Hospitalised for two months and out-patient for the same period. Injuries to both legs with resultant shortening of limb. Award: ¢10,550 (¢3,000 pain and suffering; ¢1,000 loss of amenities; ¢6,550 loss of earnings).

KOFI v. DUBI (Taylor J., Tamale, 18 July 1979). Male, tractor operator and farmer, aged 25 and earning ¢200 monthly. Injuries mainly to both legs; simple fracture of right femur and compound fracture of right tibia and fibula; comminuted fracture of left tibia and fibula and multiple lacerations on face and right hand. Regained consciousness in hospital and hospitalised for eighteen months during which skeletal traction applied and metallic nail inserted into right femur and metallic plating inserted on right tibia and fibula to immobilise fracture in several painful operations; P.O.P. applied to left leg. Resultant shortening of right leg by 3cm. causing bad limping gait; deformity of left leg just below knee; painful operation scar with fluctuation over major trochauter burzatis (inflamation of burza); multiple scars over back of right hand and ugly facial scar. Continuing pains in both legs thus unable to work, walk long distances or run. Need for further painful operation to correct shortening of leg and to remove metallic pin plating. Physical incapacity of left leg assessed at 50 per cent and in the right leg at 70 per cent. Award: ¢33,950 (¢27,000 loss of future earnings; ¢4,200 pain and suffering and ¢2,750 loss of amenities).

OBENEWAAH v. NYARKO (Apatu-Plange J., Koforidua, 8 June 1979). Female, farmer, aged 43 and earning a yearly income of about ¢2,000. Injuries mostly to left leg, i.e. fracture of left humerus bone, dislocation of left hip-joint, shortening of left leg and contusion of the forehead. Hospitalised for four months and treated as an out-patient thereafter. Inability to dance adowa. Award: ¢19,500 (¢3,500 loss of earnings; ¢9,000 permanent incapacity; ¢5,000 pain and suffering and ¢2,000 loss of amenities).

SARPONG v. AMUZU (Abban J., Koforidua, 22 February 1970). General police corporal, age and income unspecified. Injuries to the right and left legs. Hospitalised for two days and out-patient for two months. Unable to play football or netball being his pastime. Resultant weakness to legs. No loss of income. Award: ¢4,500 (¢3,500 pain and suffering and ¢1,000 loss of amenities).