Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OBENG
V.
BOATENG AND OTHERS

(1966) JELR 69603 (HC)    
High Court  ·  18 Oct 1966 ·  Ghana
 · 
Other Citations
[1966] GLR 689
CORAM
AMISSAH J.A.

Ratio Decidendi

Core Terms Beta
plaintiff
contribution
second defendants
third parties
action
cause of action
first defendant
interlocutory judgment
third party proceedings
case
directions
issues
section
date
limitation act
negligence of the first defendant
servant of the second defendants
third party notice
birkett j.
hearing of the case
house of lords
mr. swaniker
parties
plaintiff’s claim
sole question
third party directions
vicarious liability of the second defendants
birkett j.’s view
civil liability act
claims
court hold
english courts
following manner
half years
later date
leave of the court
material time of the accident
primary tortfeasor
public authorities
public authority
question of limitation
reading of the provisions of section
result of their service of a third party notice
state of the pleadings
subsequent cases
trial judge
years of the date

AMISSAH J.A.

Before me are two sets of applications. The first is a summons for directions in the action between Margaret Obeng, the plaintiff and Starco Transport the second defendants, interlocutory judgment having been obtained by the plaintiff against Samuel K. Boateng, the first defendant upon the failure of the latter to appear to the writ. The second is an application for third party directions brought by the second defendants as a result of their service of a third party notice on Nana Fredua Mensah and Napado Company as third parties.

The case is one of negligence arising out of a collision of one vehicle into another on the highway. The plaintiff, on 23 February 1966, after the second defendants had served their defence on her, filed a summons for directions which stated the negligence of the first defendant, alleged to be the driver and servant of the second defendants’ vehicle at the material time of the accident, as one of the issues for determination. But when subsequently…

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