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ARGHYROU
V.
DAPAAH

(1977) JELR 81507 (CA)

Court of Appeal 22 Nov 1977 Ghana
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- Plaintiff’s claim for damages following a collision at a major/minor road junction was dismissed by the High Court on the basis that the writ and statement of claim disclosed no cause of action and for want of evidence on key facts such a

Case Details

Judges:JIAGGE, SOWAH AND ANNAN JJ.A.
Counsel:Appellant in person. No appearance by or for the respondent.
Location:Accra
Other Citations:[1978] GLR 236-244

JUDGEMENT

SOWAH J.A.

The appeal is from the decision of the High Court, Kumasi, which dismissed the plaintiff's claim in the sum of £G1,471 6s. 8d. Particulars of which were itemised in the statement of claim.

The learned judge correctly observed: "The writ disposes no cause of action and should be dismissed," however, he decided to take into consideration the fact that the statement of claim was filed by the plaintiff without legal assistance and having done so still came to the conclusion that no cause of action was disclosed. We think that if an objection had been taken in limine by the defendant who had very competent counsel there could have been no exception to the learned judge's dismissing the action summarily. That action was not taken; the defendant entered appearance, filed a defence denying negligence and attributed the cause of the accident to the plaintiff. Nowhere in the defence was any objection taken to the writ and statement of claim as they stood; it was not even made…

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