HIGH COURT, SEKONDI
DATE: 27TH JUNE, 1962
BEFORE: CHARLES, J.
NATURE OF PROCEEDINGS
ACTION for damages for the loss of a dependency.
COUNSEL
R. S. Blay for the plaintiff.
C. M. Cann for the defendant.
JUDGMENT OF CHARLES J.
[After a few sentences on liability, which was not contested, his lordship continued:] The facts of this case have not been seriously contested. The deceased who was married to J. E. Solomon was born on the 25th April, 1932. There are three children of the marriage, viz. Joseph Solomon born on the 9th January, 1955, Emmanuel Solomon born on the 10th June, 1957, and P. L. K. Solomon born on the 22nd July, 1958. The deceased died on the 30th April, 1960 as a result of a motor accident due to the negligence of the defendant. At the time of her death she was a certificate A (post-secondary) teacher earning a salary of £G295 per annum. The salaries of teachers have been revised since her death and if she was alive her salary would be £G415 per annum. She was an efficient teacher and she was qualified to be promoted a senior teacher on the salary scale of £G525-£G700 per annum.
At the time of her death the three children were solely dependent on her, and she paid £G8 per month to her mother for the purpose of feeding the children. She also had to provide them with clothing and a home. Her widower has been pursuing studies in the United Kingdom for the past three years, but there is no evidence as to when he would conclude his studies and secure employment. There is no evidence that he has been contributing towards the maintenance and education of the children but I must take into account the reasonable prospect of his being able to do so in future.
The plaintiff is not entitled to claim for himself, as he is not a dependant, nor are the expenses incurred by him for the funeral of the deceased recoverable. Having regard to all the circumstances of the case including the ages of the children and the reasonable prospects of future promotion of the deceased I consider the sum of £G2,300 a reasonable sum to award as damages.
I therefore enter judgment in favour of the plaintiff against the defendant for the sum of £G2,300, with costs fixed at ninety guineas inclusive of fee to counsel.
DECISION
Judgment for plaintiff.
