EL-ROUH V. HAMILI

JUDGMENT

OLLENNU JSC

The appellant, hereinafter called the plaintiff, sued the respondent, hereinafter called the defendant, in the High Court, Kumasi, to recover damages for injuries he allegedly sustained in a motor accident. The accident involved a Volkswagen car No. AN 3166 in which he was travelling, owned and driven at the material time by one Ahmed Wasfi Al-Ghanname, now deceased. The said Ahmed Wasfi Al-Ghanname, hereinafter called the deceased, died in the said accident. The plaintiff's case is that the accident was caused by the negligence of the deceased in the driving of his said car. The defendant is sued in his representative capacity, i.e. as attorney of one Nuri Al-Ghanname, administrator of the estate of the deceased.

In addition to denying all allegations of fact made by the plaintiff in his statement of claim, the defendant raised a point of law by his pleading, namely, that the plaintiff has no cause of action against the estate of the deceased alleged tortfeasor, by …