MANKO
V.
RAILWAY AND PORTS AUTHORITY, TAKORADI

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…