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GHANA RAILWAY AND PORTS AUTHORITY v. OKAKBU AND OTHERS

March 1, 1972

HIGH COURT

GHANA

CORAM

  • ABBAN J

Areas of Law

  • Tort Law
  • Civil Procedure

AI Generated Summary

Co-defendant Ghana Railway and Ports Authority (GRPA) moved the High Court under Order 12, r. 24 to set aside service of the writ, arguing the claims were statute-barred by section 90(1) of the Railways Ordinance (Cap. 233), which mandates a six-month filing period against the railway administration. The suit arose from a 12 June 1969 collision between a vehicle driven by the second defendant and a train at the Alajo level crossing in Accra, injuring three plaintiffs and killing three passengers whose representatives also sued. The plaintiffs relied on the Civil Liability Act, 1963 (Act 176) and its 1968 amendment (N.L.C.D. 322), asserting a three-year limitation and waiver/estoppel. Abban J. analyzed repeal by implication, found Act 176 and Cap. 233 to be parallel and non-conflicting, and held section 90(1) remained effective. He rejected waiver and estoppel, confirmed GRPA’s suability (with the general manager as nominal defendant), but refused substitution because proceedings were out of time. The application was granted and the action against GRPA was struck out.

JUDGMENT