KOMBIA vs. LAARI AND ANOTHER

JUDGMENT OF BENIN J. There was an accident on 15 March 1986 on the Tamale-Buipe road involving a vehicle owned by the second defendant and at the material moment, driven by the first defendant through which the plaintiff’s son, Kobbina Kombia, a fare-paying passenger, met his death. The plaintiff as the father and administrator of the deceased’s estate on 19 September 1987 sued out this writ claiming certain reliefs against the defendant by virtue of the Civil Liability Act, 1963 (Act 176). The defendants personally entered an appearance and later filed a statement of defence per their solicitor. Summons for directions was taken and the suit set down for hearing. On the hearing date counsel for the defendants raised what he called preliminary legal objections, namely: (i). that since the letters of administration was taken in the joint names of the plaintiff and Akosua Bawa (the widow), the action should have been instituted in their joint names; and (ii). that since there is an...