APALOO J.A.
This matter comes before this court sitting as the Supreme Court on a reference by the High Court (Coussey J.), under the provisions of article 106 of the Constitution, 1969. The actions were commenced by two different plaintiffs against certain named individuals and in both suits, damages were sought for wrongful seizure of two cars. The first writ was issued on 26 September 1968 and the second on 9 October 1968. On 29 October 1968, the Republic of Ghana was ordered to be substituted for the defendants by order of the court.
This was at the request of the plaintiffs. The result was that when the Constitution came into force on 22 August 1969, these actions for damages were pending in the court against the Government of Ghana. As the facts grounding the relief sought were the same and the identical defence is relied on in both suits, the court, on the application of the parties, consolidated both suits for hearing and determination. It is in this manner that they were referr…