GHC 9000 damages awarded against Chinese national, Company over dog attack on man

The Supreme Court of Ghana has awarded special damages of GHC 9000 against Huang Yumin, a Chinese national, and Sunlight Engineering Company Ltd., based in Tema Community 9, for their negligence leading to the attack of their two foreign dogs on Bright Asante Appiah.

In dismissing the appeal, the five-member panel of the apex court thus affirmed the heads of damage given by the Court of Appeal in the matter.

FACTS OF THE CASE

On March 27, 2016, as the plaintiff was walking home from work along the street connecting his workplace to the main road, he approached the gate of the second defendant company. 

At that moment, the first defendant arrived at the gate in a vehicle and honked the horn. Shortly after the gate was opened, two large foreign-bred dogs emerged from the premises and, upon spotting the plaintiff, aggressively charged toward him.

Fearing an imminent attack, the plaintiff ran for safety while the dogs pursued him. In his attempt to escape, he fell and sustained serious injuries. He was initially taken to Tema General Hospital and later referred to the 37 Military Hospital, where he was admitted for treatment.

As a result of the injuries and expenses incurred, the plaintiff initiated legal action against the defendants, seeking the following reliefs:

a) Special damages amounting to GH¢9,000.00
b) General damages for negligence on the part of the defendants
c) General damages for pain, suffering, shock, and loss of income
d) Any other relief the court deems just under the circumstances.

HIGH COURT

The High Court ruled in favor of the plaintiff, granting all the reliefs he sought. The court awarded him a total amount of GH¢115,573.74, covering both special and general damages. 

These included compensation for disability and incapacity, loss of income, diminished quality of life, and general damages due to the defendant's negligence. 

Dissatisfied with the decision, the defendants filed an appeal with the Court of Appeal, challenging the High Court's judgment.

COURT OF APPEAL

The Court of Appeal partially upheld the defendants' appeal, modifying the special damages awarded by the trial judge from GH¢15,933.74 to GH¢9,000. 

This adjustment was based on the plaintiff's failure to specifically plead transportation costs, which had been included in the trial court’s award, thereby rendering them ineligible as special damages.

SUPREME COURT

Still dissatisfied with the outcome, the defendants escalated the matter to the highest court, seeking further redress in their continued challenge of the Court of Appeal’s decision.

The apex court, however, found the decision of the Court of Appeal to be sound and justified in law and thus allowed the award of damages to stand without any modification.

Read the full case on Dennislaw