Tort law at Ghana
Tort law in Ghana operates within a common law system, influenced by English legal principles, and is supplemented by statutory provisions. The legal framework encompasses civil liability, negligence, contributory negligence, and government liability, with notable case law illustrating these principles.
⚖️ Legal Framework
1. Civil Liability Act, 1963 (Act 176)
This Act provides comprehensive provisions on civil liability, including:
Contributory Negligence: Section 1 establishes that a claim is not defeated by the plaintiff's own fault but allows for the reduction of damages in proportion to the plaintiff's share in the responsibility for the damage. (GhanaLegal)
Apportionment of Liability: Section 2 requires the court to find and record the total damages that would have been awarded without contributory negligence and the proportion of damages payable by each party. (GhanaLegal)
Fatal Injuries: Section 16 allows for actions where death is caused by a wrongful act, enabling dependants to seek damages. (GhanaLegal)
2. Constitution of the Republic of Ghana
Article 295(2) of the Constitution holds the government liable in tort in the same manner as a private individual, subject to certain immunities. (WIPO Lex)
🧾 Key Tortious Acts
Negligence: Failure to exercise reasonable care, resulting in harm to another person.
Contributory Negligence: When the plaintiff's own negligence contributes to the harm suffered, leading to a reduction in damages.(Studocu)
Government Liability: The state is subject to tortious liability, including for acts committed by its employees or agents.(WIPO Lex)
🧑⚖️ Case Law Illustrations
Justice Noah Adade v. Bolt Ghana Limited: This case involved the issue of negligence and non-compliance with statutory provisions. The court applied the principles of negligence, requiring the plaintiff to prove that the defendant owed a duty of care, breached that duty, and caused harm as a result. (Home -)
Gyan v. Ashanti Goldfields Corporation: In this case, a nurse administered a chloroquine injection to a child without proper diagnosis, leading to paralysis. The court applied the Bolam test, considering whether the practice was accepted by a responsible body of medical professionals. (Ghana Law Hub)
⚖️ Defences to Tort Claims
Contributory Negligence: As per the Civil Liability Act, a defendant can argue that the plaintiff's own negligence contributed to the harm, leading to a reduction in damages. (GhanaLegal)
Volenti Non Fit Injuria: This defence applies when the plaintiff voluntarily accepts the risk of harm, thereby negating liability.
🏛️ Judicial System
Ghana's judiciary comprises:
Supreme Court: The highest appellate court.
Court of Appeal: Hears appeals from lower courts.
High Court: Handles civil and criminal cases at the first instance.
Circuit and District Courts: Deal with less serious civil and criminal matters.
The judicial system is guided by the Civil Procedure Rules, which govern the conduct of civil litigation.
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