YAW MENSAH V. EMMANUEL TETTEH & ANOR

ANIN YEBOAH

This is an appeal from the judgment of the Circuit Court, Odumasi-Krobo in a claim arising out of negligent driving. The plaintiff/Respondent who for sake of brevity [shall be referred to as Respondent] sued the [Defendants/Appellants herein who [shall henceforth be referred to as the Appellants] for general and special damages arising out of the negligent driving by the first Appellant herein. Other reliefs in the form of interest and costs were sought.

The second Appellant was at the time material to the action the owner of the vehicle driven by the first Appellant on 24/4/1999. It appears the statement of claim as it stood was lacking in material facts contrary to the rules governing pleadings. For example, the statement of claim did not mention where the accident occurred and what caused the accident. The law is well settled in BULLEN and LEAKE and JACOBS' PRECEDENTS OF PLEADINGS 18th edition at page 787 as follows:—

"The statement of claim should state the material facts…