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AMBROSE DOTSE KLAH
V.
PHOENIX INSURANCE CO.

(2012) JELR 83010 (SC)

Supreme Court 30 May 2012 Ghana
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- Supreme Court affirmed the Court of Appeal's decision setting aside the severance award, holding that a party must not only plead but also prove, by substantive evidence, any special damages claimed, and unsupported allegations in pleadin

Case Details

Suit Number:CIVIL APPEAL J4/19/2011
Judges:DATE-BAH JSC (PRESIDING), ANSAH JSC, DOTSE JSC, BONNIE JSC, AKOTO-BAMFO JSC
Counsel:AURELLIUS AWUKU FOR THE APELLANT. AHUMAH OCANSEY FOR THE REPONDENT.

JUDGMENT

AKOTO-BAMFO (MRS) JSC

It is important to stress that the efficient conduct of a case includes the drafting of correct pleadings, the marshaling and adducing of the relevant evidence during the trial and the invocation of the correct principles of law. These are well-known basics. If counsel falls short in any of these areas, it may lead to failure of the action he or she has initiated or, correspondingly, success of an action he or she is defending. In such a situation, it is no use for counsel to turn around and blame the court for allowing technicalities to frustrate its primary and important function of justice. Courts do justice according to law. Accordingly, counsel cannot afford to take their eyes off the details of the law. This case is a classic example of counsel paying insufficient attention to detail resulting in the inevitable loss of the claim which is the subject of this inattention.

On the 30th of June 2009, the appellant herein, Ambrose Dotse Klah, filed a Notic…

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