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TEMA DISTRICT ASSEMBLY
V.
DJABATEY

(1992) JELR 82444 (HC)

High Court 11 Aug 1992 Ghana
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- Plaintiff-respondent sued the defendant-applicant District Assembly for negligence following a motor accident, seeking general damages. - Defendant filed a motion to strike out the writ and statement of claim, arguing that plaintiff faile

Case Details

Judges:ASARE KORANG J.
Counsel:Seth Matanawui For the Defendant-applicant. Jones Mensah For the plaintiff-Respondent.
Location:Tema
Other Citations:[1992] 1 GLR 228

ASARE KORANG J.

This is an application by the defendant-applicant (hereinafter referred to as the applicant) for an order striking out the writ of summons and the statement of claim filed by the plaintiff-respondent (hereinafter referred to as the respondent), wherein the respondent claims general damages against the applicant for negligence arising out of a motor accident on the Dodowa-Accra road.

Counsel for the applicant submitted that no written notice of the respondent's intention to commence legal proceedings was given to the applicant as required by section 97 of the Local Government Law, 1988 (P.N.D.C.L. 207) which reads:

"97. (1) No suit shall be commenced against any District Assembly until one month at least after written notice of intention to commence the suit has been served upon the Assembly by the intending plaintiff or his agent.

(2) The notice shall state the cause of action, the names and place of abode of the intending plaintiff and the relief which he claims."

Counsel …

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