Ratio Decidendi



MANKO
V.
RAILWAY AND PORTS AUTHORITY, TAKORADI

(1974) JELR 65640 (HC)    
High Court  ·  13 May 1974 ·  Ghana
 · 
Other Citations
[1974] 2 GLR 258
CORAM
CHARLES CRABBE J.

Ratio Decidendi

Core Terms Beta
authority
plaintiff
right
section
ports act
railway
limitation decree
cause of action
months
subsection
action
law
october
force
period
counsel
month period
right of the plaintiff
defendant corporation
provisions of section
statute
writ
longer period
paragraph
provisions of subsection
action ought
affect practice
agent of the defendant corporation
algebraic philosophy of elimination
case of the railways
causes of action
charles crabbe j.
commencement of this decree
defendant corporation damages
essence of subsection
exercise of the right
first schedule
hughes
interpretation of statutes
normal course
period of limitation
provisions of part ii of the decree
repeal affect
repealed enactment
repeal of section
repeal of subsection
retrospective application of statutes
solomon kwao ankatsia
virtue of the alleged negligence of a servant
virtue of the provisions of subsection

CHARLES CRABBE J.

The plaintiff is claiming from the defendant corporation damages for the death of one Araba Boani her daughter. It is alleged that on 4 October 1972 one Solomon Kwao Ankatsia, servant or agent of the defendant corporation, negligently knocked Araba Boani down on the Takoradi-Tarkwa road near the junction leading to Egyam.

The defendant corporation denied liability and pleadings took their normal course, the issues to be tried being agreed upon. Counsel agreed also that there was a preliminary legal issue which should be determined before evidence was heard. The issue is whether the action is statute-barred?

Counsel for the defendant corporation contended that on the writ it did appear that the cause of action arose on 4 October 1972, the day of the accident. Under subsection (1) of section 19 of the Railway and Ports Act, 1971 (Act 358), there was a period of limitation up to twelve months within which the action ought to have been brought. The writ was filed on 12 Nove…

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