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…

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