A Circuit Court in Accra has found the Ghana Armed Forces (GAF) negligent in a grenade explosion that injured four children at a playground in South La Estates, awarding the victims GHC90,000 in damages.
The court ruled on Thursday that although the plaintiffs could not conclusively prove the grenade belonged to the military, the GAF failed in its duty of care as the occupier of the land where the incident occurred.
The explosion happened on August 4, 2022, when the children, who had gone to feed pigs, came across an object later identified as a hand grenade at a nearby playground. The device exploded, causing injuries of varying severity.
The plaintiffs argued that the GAF had conducted firing exercises in the area days earlier and did not properly clear unexploded ordnance.
The defendants, including the Chief of Defence Staff and the Attorney General, denied liability, insisting the grenade was not from their stock.
Presiding judge His Honour Samuel Bright Acquah noted that police investigations contained discrepancies and did not establish ownership of the explosive. However, he held that negligence could still be proven.
“As occupiers of the land, the Ghana Armed Forces owed a duty of care to the surrounding community,” the judge said, noting the proximity of residential areas and the regular presence of children.
The court acknowledged that the military conducts “Free From Explosive” exercises after drills and issues community warnings, but found those measures insufficient, especially in protecting children.
The judge ordered the GAF to take additional steps, including physical barriers like fencing hazardous zones, regular monitoring, and intensified public education through schools, churches, and community leaders.
The court awarded the plaintiffs GHC50,000 in general damages and GHC40,000 in special damages. It also ordered a medical fund and life insurance cover for the second plaintiff, to remain in place until all foreign objects from the explosion are removed from his body.
The damages are to be paid jointly and severally by the defendants.
The ruling reinforces the legal obligation of state institutions to safeguard public safety in areas under their control, particularly after hazardous military exercises.
