Achimota
School
has
been
found
liable
for
negligence
in
the
death
of
a
student
about
eight
years
ago.
According
to
the
facts,
15-year-old
Kervin
Kofi
Moses
on
November
28,
2016,
felt
unwell
and
visited
the
student
clinic
complaining
of
Malaria.
He
was,
however,
given
ibuprofen
to
treat
his
illness
and
was
told
it
was
not
malaria.
Having
confidence
that
his
situation
is
worse
than
diagnosed,
Kevin
was
said
to
have
phoned
his
mother
to
notify
her
of
his
condition.
The
evidence
adduced
during
the
trial
suggests
that
the
school
through
the
Housemaster
of
Fraser
House
where
the
late
student
was
accommodated
refused
calls
by
the
mother
to
send
her
son
to
the
hospital.
According
to
the
judgment,
the
mother
during
cross-examination
testified
that
‘I
had
so
much
concern
for
Kervin,
so
I
quickly
placed
a
call
to
the
1st
defendant
(the
house
master)
and
requested
for
permission
to
take
Kervin
to
the
hospital
myself
but
the
1st
defendant
declined.
The
judge
in
his
decision
held
that
the
school
owed
a
duty
of
care
to
the
child
since
he
was
left
in
their
care.
The
school
explained
that
when
Kevin
went
to
the
health
clinic
and
was
asked
to
report
back
in
two
days.
The
court,
however,
found
that
‘it
was
the
duty
of
the
1st
defendant
(Housemaster)
to
make
sure
that,
Kervin
go
for
the
check-up
because
1st
Defendant
was
at
the
moment
responsible
for
the
health
needs
of
the
child.’
The
evidence
adduced
also
suggests
that
the
mother
of
the
late
student
between
November
28
and
December
1
sent
messages
to
the
housemaster
seeking
information
about
the
health
condition
of
her
only
child
and
offered
to
take
him
to
the
hospital.
Most
of
these
messages
were
found
not
to
have
been
responded
to,
even
though
before
the
situation,
there
were
conversations
between
the
mother
and
the
housemaster
on
some
monies
he
had
sent
to
the
child
through
the
housemaster.
In
one
of
the
messages:
the
mother
of
the
late
student
who
was
the
first
plaintiff
is
recorded
to
have
said
‘Please
I
hope
I’m
not
breaking
bounds,
I
just
want
to
find
out
how
my
son
is
doing,
please
am
begging
you
pick
my
call.”
The
housemaster
is
also
recorded
to
have
later
responded
on
December
1
that
‘he
is
fine
madam.’
But
on
December
2,
2016,
he
followed
it
up
with
a
message
to
the
mother
of
the
deceased
that
his
son
was
sick
and
had
been
rushed
to
the
Achimota
Hospital.
He
was
later
transferred
to
the
37
military
hospital
where
he
died
on
December
4,
2016.
The
judge
held
that
the
School
breached
its
duty
to
the
student
for
not
seeking
prompt
medical
attention
for
him.
Achimota
school,
the
housemaster
and
the
Attorney
General
who
were
defendants
in
the
case
have,
thus,
been
slapped
with
GH¢
400,000
in
general
damages
and
GH¢
200,000
in
damages
for
negligently
causing
the
death
of
Kervin.
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