ARCTON V. ACCRA-TEMA CITY COUNCIL

CECILIA KORANTENG-ADDOW AG.J.: The defendants’ counsel in this case has taken a preliminary objection to the plaintiff’s claim. He has taken the point of limitation and submitted that the action is statute-barred. To appreciate the delicate points involved in this matter it will be necessary to give in chronological order the events leading to the issue of the writ.

On 4 January 1970 the plaintiff was knocked down by a vehicle belonging to the defendant council and driven by their servant. The plaintiff sustained injuries; her injuries were very grave; she was ten months in hospital, and another ten months as an out-patient.

In the meantime, the solicitor who was then acting for her wrote on 11 August 1970 to the defendants, informing them of the accident and inquiring whether the defendants accepted liability. On 19 September 1970 the defendants by their solicitor replied, accepting full liability for the payment of compensation to the plaintiff. This has turned out to be a very import…