Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1980) JELR 63928 (HC)    
High Court  ·  20 Mar 1980 ·  Ghana
Other Citations
[1982-83] GLR 421

Ratio Decidendi

Core Terms Beta
first defendant
plaintiff’s car
record of proceedings
ring road
mr. atadika
pool of blood
breach of statutory duty
court of appeal
statement of claim
circumstances of the accident
driver of the car
evidence of the plaintiff
first defendant’s car
hearsay rule
moving vehicle
mr. amoako-glover
police headquarters
scene of the accident
basis of the claim
common sense
conduct of a reasonable prudent man
counsel’s submission
court find
district magistrate court
evidence of the event
fracture of the right parietal
head injuries
labadi district court grade
medical evidence
mr. amoako-glover’s argument
only evidence
path of the first defendant
personal injuries
plaintiff claims
plaintiff’s claim
plaintiff’s version
record book
result of the defendants
right lane
said verge of the laterite
salient points
speedy disposal of the case
such statement
tetteh’s evidence forms part
time of the collision
whole of the evidence
worship mr. opare addo


This is a case with a very checkered history, and it is a case which has been fought and defended with tooth and nail. The writ of summons was filed on 18 September 1967 and summons for directions was taken on 21 December 1967. Several factors have militated against the speedy disposal of the case. Hearing began on 21 March 1968 before Anterkyi J.

He took two witnesses for the plaintiff and then after a number of adjournments, he decided not to hear the case and caused it to be placed before another judge. After several adjournments before another judge, the matter eventually came on for trial before Charles Crabbe J. (as he then was) and judgment was delivered on 15 January 1969. He dismissed the plaintiff’s claim and the plaintiff appealed against the judgment. I am informed by Mr. Atadika, counsel for the plaintiff, who has been in the case throughout, and I read a note to this effect from the record of proceedings, that the record book containing the whole of the…

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