YAW MENSAH
V.
EMMANUEL TETTEH & ANOR

(2007) JELR 65653 (CA)

Court of Appeal · CIVIL APPEAL NO. H1/263/2005 · 13 Dec 2007 · Ghana

CORAM

ARYEETEY J.A. [PRESIDING], QUAYE J.A., ANIN YEBOAH J .A.

Core Terms ^Beta

writ of summons

appellants

counsel

statement of claim

appeal

amended writ of summons

grounds

trial judge

case

defendants

first appellant

learned trial judge

statute of limitation

claim

issues

party

rules of court

second appellant

suit no. c

suit number

amended writ of summons pursuant

amendment of the writ of summons

civil proceedings

clear notice of the irregularity

course of the proceedings

delivery of the defence

excessive nature of the damages

first ground of appeal

fundamental importance

given time

instance of the defendants

judgment of the circuit court

latter case

learned judge

lengthy arguments

main grounds

material facts

new suit number

newton-rosenbell holdings ltd

old courts act

plea of limitation falls

powell duffryn

present-day administration of the law

record of proceedings shows

special damages

such technical matters

suit no. c.89

support of the application

time material

trial court

ANIN YEBOAH

This is an appeal from the judgment of the Circuit Court, Odumasi-Krobo in a claim arising out of negligent driving. The plaintiff/Respondent who for sake of brevity [shall be referred to as Respondent] sued the [Defendants/Appellants herein who [shall henceforth be referred to as the Appellants] for general and special damages arising out of the negligent driving by the first Appellant herein. Other reliefs in the form of interest and costs were sought.

The second Appellant was at the time material to the action the owner of the vehicle driven by the first Appellant on 24/4/1999. It appears the statement of claim as it stood was lacking in material facts contrary to the rules governing pleadings. For example, the statement of claim did not mention where the accident occurred and what caused the accident. The law is well settled in BULLEN and LEAKE and JACOBS' PRECEDENTS OF PLEADINGS 18th edition at page 787 as follows:—

"The statement of claim should state the material facts…

YAW MENSAH V. EMMANUEL TETTEH & ANOR

YAW MENSAH
V.
EMMANUEL TETTEH & ANOR