[2011]DLCA3709April 1, 2011Court of Appeal

MARTHA BOUR vs. MAXWELL OWUSU

IRENE C DANQUAH JA This is an interlocutory appeal against the ruling of the High Court, Kumasi delivered on 17th July 2009. The Plaintiff sued the Defendant for general and special damages for personal injuries sustained by the plaintiff in an accident which occurred on 8th July 2002 near Fenaso-Nkwanta on the Obuasi/Dunkwa Road due to the negligent driving of the Defendant’s driver then in charge of Defendant’s vehicle No: AS 2223 T. The Defendant entered appearance and subsequently filed a statement of Defence. The Plaintiff proceeded to file a reply followed by an application for Summons for Directions. The application for Directions was taken on 24th April 2007 and the issues filed by the Plaintiff were set down for trial. The suit was then adjourned to the 14th June 2007 for hearing. However, on the 14th June 2007 when the trial was to commence, the Plaintiff rather sought for an amendment of the Statement of Claim which was granted. The judge however did not give ...