A private legal practitioner and lecturer at the University of Professional Studies, Accra (UPSA) Law School, Mr. Theophilus Tawiah, has described the Tema High Court’s decision to award over GH₵4 million in compensation to the families of victims in a fatal accident as a landmark victory for justice, accountability, and the rule of law.
Speaking exclusively to the Daily Statesman following the judgment, Mr. Tawiah said the ruling was a significant milestone in the quest for justice by the affected families, who had endured years of emotional trauma and legal battles since the tragic incident occurred.
“This judgment is not only a win for the families, but also a reaffirmation of the principle that justice can be achieved through the legal system. For the families, this is a moment of closure after years of grief. It gives meaning to their long and difficult pursuit of justice,” he said.
He added that beyond compensation, the ruling sent a strong message about the need for responsibility on Ghana’s roads. “This case is a stark reminder of the tragic consequences of negligence. It underscores the duty of care that logistics and transport companies owe to the public,” he stressed.
The court ruling
The High Court, presided over by Her Ladyship Justice Janet Anima Maafo, awarded a total compensation of GH₵4,440,155.00 to the families of two men who tragically lost their lives in a road accident that occurred in November 2017 near the TT Brothers traffic light along the Tema-Aflao Highway.
The plaintiffs, Faustina Adzogah Senyah and Melody Klutse, who sued through attorney Faustina Adzogah Senyah, brought the action against Frank Atsu, the driver of the tipper truck involved in the accident, and Dragon Success Ghana Logistics and Company Limited, the employer and owner of the vehicle. The court established that the first defendant, Frank Atsu, acted negligently in his handling of the truck, and consequently held the second defendant, Dragon Success Ghana Logistics, vicariously liable for the conduct of its employee.
The accident, which occurred around 5:30 p.m. on Sunday, November 26, 2017, involved a tipper truck loaded with boulders heading towards Tema. The truck collided with a BMW salon car with registration number GT 9429-17. The impact caused the truck to lose its load, and the massive boulders spilled onto the BMW, instantly killing two of the three male occupants in the vehicle. The deceased were identified as Wonder Dzormeku and Courage Dzormeku.
Following the deaths, the first plaintiff, Faustina Adzogah Senyah, was granted Letters of Administration on December 10, 2019. She is the mother and sole administrator of the estate of Courage Dzormeku and the co-administrator of the estate of Wonder Dzormeku. The second plaintiff, Melody Klutse, is the mother of Justine Elikplim Dzormeku, a three-year-old son of Wonder Dzormeku, and serves as co-administrator of his estate. The Letters of Administration empowered the plaintiffs to pursue justice on behalf of the deceased and the minor dependent.
In her ruling, Justice Janet Anima Maafo awarded GH₵3,000,000.00 as compensation for the defendants’ negligence. An additional GH₵960,000.00 was awarded as damages for the future loss to the estates of the deceased. The court further awarded GH₵150,000.00 for the mental distress, pain and suffering endured by the bereaved families. The second plaintiff received GH₵120,000.00 as damages for her loss of dependency. The court also awarded GH₵50,155.00 to cover funeral expenses. These expenses included costs incurred for food and drinks, hiring of canopies, chairs and other services, preparation of the burial site, procurement of funeral paraphernalia, transport, hospital bills, caskets, and decoration of the family house. In addition to these awards, the court granted the plaintiffs costs including legal fees and any other reliefs deemed appropriate.
Facts
According to the facts presented in court, on Sunday, November 26, 2017, the deceased persons, Courage Dzormeku, aged 20, and Wonder Dzormeku, aged 23, were traveling in a BMW saloon car with registration number GT 9429-17 along the Kpone Junction–Tema dual carriageway.
The plaintiffs stated that the first defendant was speeding, and failed to maintain a safe braking distance on the outer lane of the same road. The situation became critical when cattle began crossing the road, forcing several vehicles ahead to come to a halt.
However, the first defendant, driving at an excessive speed, failed to decelerate in time. In a desperate attempt to avoid ramming into the stopped vehicles, he swerved onto the median of the road. This reckless maneuver caused the heavily loaded Sinotruck to tilt, spilling massive boulders onto the BMW car. The crushing weight of the boulders led to the instantaneous deaths of Courage and Wonder Dzormeku.
The violent impact left the occupants of the BMW trapped in the mangled vehicle. They were later extricated and rushed to the Tema General Hospital. Unfortunately, both Courage and Wonder were pronounced dead on arrival, while the third passenger, Peter Dzeketey, survived with injuries and was later discharged after treatment.
The court established that the accident was caused by the gross negligence of the first defendant, and accordingly held the second defendant vicariously liable for the actions of its employee. The plaintiffs, having been granted Letters of Administration on December 10, 2019, proceeded to seek legal redress. Faustina Adzogah Senyah, the first plaintiff, is the mother and sole administrator of the estate of Courage Dzormeku and co-administrator of the estate of Wonder Dzormeku.
The second plaintiff, Melody Klutse, is the mother of Justine Elikplim Dzormeku, the three-year-old son of the late Wonder Dzormeku, and co-administrator of his estate. The Letters of Administration were specifically granted to enable the plaintiffs to safeguard the legal and financial interests of the minor child and the estates of the deceased persons.
About The Author
