[2019]DLCA6318 • February 27, 2019 • Court of Appeal
DEBORA BOAFO SUING BY HER NEXT FRIEND & FATHER ANTHONY BOAFO vs. COMFORT ODURO & ANOR.
This was a running-down action brought on behalf of Debora Boafo, who was about seven years old at the time of the accident and therefore a person under disability within Order 5 rule 11 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47). The suit was commenced in her name through her next friend and father, Anthony Boafo, against the defendants for injuries arising from the accident. At the time the writ was issued, the plaintiff had not filed the written consent of the next friend and the solicitor’s certificate required by Order 5 rule 22 of C.I. 47, though both documents were later filed before trial. Portion of judgment: paras. 2-4, 6, 19-20.
read moreIrene Charity Larbi (Mrs) J.A (1) This is an appeal from the High Court, Sekondi dated 27th May, 2014. (2) This is a running down case with the victim being a seven (7) year’s old child at the time of the incident and still a person with disability within the meaning of the provision under Order 5 Rule 1(1) of the High Court Civil Procedure Rules, 2004 (C.I.47) at the time this action was initiated. (3) Per Order 5 Rule 2(2) of C.I.47, a guardian ad litem must be appointed and certified to act on behalf of the victim under the age of eighteen (18) years for purposes of judicial proceedings. It Is Provided Under Order 5 as follows:- Rule 1(1): “For the purposes of judicial proceedings under these Rules a person with disability means a person under the age of Eighteen (18) years or a person who is certified by a medical officer to be incapable of managing and administering his or her property and affairs by reason of mental disorder or infirmity of mind; Rule 1(3): “...