Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ALEXANDER ADJEI
V.
MARTHA KODUA

(2021) JELR 108963 (CA)    
Court of Appeal  ·  24 Jun 2021 ·  Ghana
CORAM
ANGELINA M. DOMAKYAAREH (MRS.) J A (PRESIDING), ALEX B. POKU ACHEAMPONG J A, SAMUEL K. A. ASIEDU J A

Ratio Decidendi

Core Terms Beta
2nd defendant
plaintiff
defendant
1st defendant
case
supreme court
high court
record of appeal
trial judge
30th may
c. i.
rule of natural justice
trial court
civil procedure
audi alteram partem
basic fundamental error
case of the plaintiff
employee of the defendant
interlocutory appeal
reasonable time
statement of defence
support of the motion
3rd may
breach of the natural justice rule
effect of non compliance
ex parte aaba
ex parte salloum
following cases
following reliefs
grant of the order
grounds of nullity
honourable court
lack of service
legal grounds
liability of the defendant
material time of the accident
motor accident
order of the court
property of the defendant
provisions of subsection
registration number
respect of time
review of the ruling
ruling of the high court
set aside
similar vein
subsequent judgments
such driver
such further order
support of the application

JUDGMENT

DOMAKYAAREH (MRS.), JA

[1] This interlocutory appeal is against the Ruling of the High Court, Kumasi dated 30th May, 2019. The case is a running down case in which the Plaintiff (4 years old) instituted an action through his next friend on 4th July, 2017 against the Defendant wherein he claimed the following reliefs from the Defendant as endorsed on the Writ of Summons: 

1. General damages for serious injuries sustained by the Plaintiff in a motor accident involving vehicle bearing Registration Number AS 97 – 14, Mercedes Benz Bus the property of the Defendant which accident was caused by the negligent, careless and reckless driving by the Defendant’s driver who was at the material time of the accident, the driver, agent, servant, employee of the Defendant and was in the cause of activities and or duties as such driver, agent, servant, employee of the Defendant and for which accident, the Defendant is vicariously liable 

AND 

Such further Order(s) as this Honourable Court might …

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