ESSIEN J (DELIVERING THE RULING): The defendant/applicant by a notice of preliminary objection brought pursuant to S. 254C(1) of the 1999 constitution as amended and S.7(i) (ii) of the NIC Act 2006, sought an order of this court striking out this suit on the grounds that this suit is founded on negligence and as such this court lacks the jurisdiction to entertain this action. In support of the application is a 7 paragraph affidavit and a written address of counsel.
In response the claimant/respondent filed a 7 paragraph affidavit and a written address in opposition to the notice of preliminary objection. The crux of the application is that the claimant’s claim is founded on negligence and negligence is not subsumed in the jurisdiction of this court and therefore the court cannot assume jurisdiction to adjudicate on the matter. In response the claimant counsel has argued that the claims of the claimant is covered by the jurisdiction of this court as conferred by S.254C(1) of the 1999 co…