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JUSTICE AKOTO & 6 ORS
V.
FRANCIS KPOGO & 2 ORS

JELR 112189 (CA)

Court of Appeal Ghana
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- The court struck out the plaintiffs’ action as statute barred under section 3 of the Limitation Act (NRCD 54), as the suit—arising from a motor accident on 25 July 2002—was filed outside the three-year statutory period for claims involvin

Case Details

Suit Number:E8/7/06
Judges:N. C. A. AGBEVOR, JA
Counsel:MR. S. M. Brempong Mr. S. M. K. Dzikunu
Location:Ho

JUDGMENT

This judgment is in a case which has seen changes in the number of plaintiffs in the action leading from amended processes.  This case started with seven plaintiffs and ending up with two having been presided over by five Judges.

The claim of the original plaintiff in a suit filed on the 5th August, 2005 was a claim from the plaintiffs jointly and severally general damages for the estate of the deceased persons and for injuries sustained as a result of the negligent driving of 1st and 2nd defendants of vehicles No. GR 4801 L and GR 3948 J respectively as servant of the 3rd defendants on the 27th day of July 2002.  Plaintiffs also claim special damages of one hundred million cedis from the defendants.

In their statement of claim the plaintiffs claim the 1st, 2nd, 3rd and 4th plaintiffs are administrators of the estates of the deceased namely Millicent Akoto, Edith Abbey, Kelvin Aggrey and Delight Foli Aggrey.  The 5th and 6th plaintiffs are minors and sue per their next friends J…

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