An Accra High Court has ordered the Achimota Secondary School Board of Governors, the Office of the Attorney-General, and Dominic Danso, the Housemaster of Fraser House, to pay GH¢610,000 in damages for negligently causing the death of a 15-year-old student, Kervin Kofi Moses.

The ruling, delivered by Justice Comfort Kwasiwor Tasiame, came nearly eight years after Moses' death, Graphic.com.gh reports.

Child Rights International (CRI), which provided legal guidance and support to Moses' parents, expressed satisfaction with the verdict.

On May 28, 2024, Justice Tasiame determined that Achimota School was negligent in providing medical care to Moses, a residential General Arts student, leading to his death.

"It is my conclusion that Dominic Danso, Housemaster of Fraser House, breached his duty of care to the deceased," Graphic.com.gh quoted Justice Tasiame in the judgment.

She questioned why one of the two housemasters of Fraser House could not accompany the seriously ill student to the hospital, according to Graphic Online's Justice Agbenorsi.

Justice Tasiame further noted, "The attitude of Mr. Danso, showing no remorse at all when he was in the witness box to give evidence and during cross-examination, has rendered Sonia Ofori-Ansong, now childless in our Ghanaian community where high value is placed on children."

However, the court declined to grant the request to order the defendants, particularly Achimota School, to commemorate Moses' death annually.

Background

Per the facts accompanying the suit, Moses was admitted at Achimota Senior High School in October 2016. Sonia Ofori-Ansong, mother of Moses, deposed that on November 28, 2016, his only son called her complaining that he was unwell.

According to the mother, her son said he felt he had malaria, and that he (Moses) sought medical attention from the school clinic and was given ibuprofen with the explanation that he did not have malaria.

Ms Ofori-Ansong said she called Mr Danso and requested to send the child to the hospital, but he did not allow her. According to her, the Housemaster insisted the child was doing well.

On December 2, 2016, Ms Ofori-Ansong received a call from Mr Danso requesting her to meet them at the Achimota Government Hospital because Moses had been taken to the hospital.

“Moses was later transferred to 37 Military Hospital on the request of his mother on December 3, 2016, but the student died the following day, December 4, 2016. Based on this, Ms Ofori-Ansong and one Gerald Nyarko instituted legal action against the defendants.

They asked the court to declare that the defendants owed a duty of care to Moses to provide him with prompt and appropriate medical care, which they said the defendants breached, resulting in Moses’ death from a treatable malaria attack.

They also asked the court for special damages in the sum of GH¢2 million being cost of medical and funeral expenses, and loss of dependency/prospective income for the loss of Moses.

Other reliefs, including general damages for the pain, emotional and psychological trauma caused thereby to plaintiffs and for counselling and related support to plaintiffs as a result of the death of Moses, and an order directed at the defendants to commemorate the death of Moses on a yearly basis forever.

JKB/OGB

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