[1959]DLCA1503 • November 9, 1959 • Court of Appeal
IBE vs. PAN AFRICAN METALS LTD.
The plaintiff instituted an action in the district magistrate’s court claiming £G100 damages for trespass and conversion of goods against the defendants. This was the third suit based on the same facts. The first suit was withdrawn with leave to bring a fresh action; the second suit was discontinued without leave. The defendants raised a preliminary objection that the third suit should be struck out for lack of leave to bring a fresh action after discontinuance of the second suit.
read moreJUDGMENT OF KORSAH C.J. Korsah C.J. delivered the judgment of the court. The plaintiff instituted this action in the district magistrate’s court claiming £G100 damages for trespass and conversion of goods against the defendants. At the hearing counsel for the defendants raised a preliminary objection indicating that this was the third time the plaintiff had brought this action based on the same facts as disclosed in the writ, against the same defendants. He stated that in the first instance the plaintiff through his counsel asked for and was granted leave to withdraw with liberty to bring a fresh action. The plaintiff instituted a second action based on the same facts. When the matter came for hearing, the plaintiff’s counsel asked for leave of the court for an adjournment in order to re-consider his action. Later the plaintiff through his counsel filed a notice of discontinuance. Relying on Order 39, r. 1 of the Second Schedule to the Courts Ordinance, Cap. 4 (1951 Rev.), counse...