DEBORA BOAFO SUING BY HER NEXT FRIEND & FATHER ANTHONY BOAFO
V.
COMFORT ODURO & ANOR.

(2019) JELR 64729 (CA)

Court of Appeal 27 Feb 2019 Ghana
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- The Court of Appeal held that non-compliance with Order 5 Rule 2(2) of the High Court Civil Procedure Rules, 2004 (C.I. 47) (failure to file Authority of Next Friend and Solicitor’s Certificate at the commencement) is a procedural irregul

Case Details

Suit Number:CIVIL APPEAL NO: HI/21/2018
Judges:IRENE CHARITY LARBI MRS. J.A (PRESIDING), L. L. MENSAH (J.A), ANGELINA M. DOMAKYAAREH MRS.( J.A)
Counsel:ARVOH MENSAH ESQ. FOR THE PLAINTIFF/APPELLANT ABSENT; RICHARD KWAKU POBEE ESQ. FOR THE DEFENDANTS/RESPONDENTS ABSENT.

JUDGMENT

IRENE CHARITY LARBI (MRS) J.A

(1) This is an appeal from the High Court, Sekondi dated 27th May, 2014.

(2) This is a running down case with the victim being a seven (7) years old child at the time of the incident and still a person with disability within the meaning of the provision under Order 5 Rule 1(1) of the High Court Civil Procedure Rules, 2004 (C.I.47) at the time this action was initiated.

(3) Per Order 5 Rule 2(2) of C.I.47, a guardian ad litem must be appointed and certified to act on behalf of the victim under the age of eighteen (18) years for purposes of judicial proceedings.

It Is Provided Under Order 5 as follows:-

Rule 1(1):
“For the purposes of judicial proceedings under these Rules a person with disability means a person under the age of Eighteen (18) years or a person who is certified by a medical officer to be incapable of managing and administering his or her property and affairs by reason of mental disorder or infirmity of mind;
Rule 1(3):
“Subject to these Rule…

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