JUDGMENT OF AGYEPONG J.
On 6 December 1976, the plaintiff herein issued a writ of summons claiming damages against the defendants jointly and severally for injuries sustained by the plaintiff as a result of the negligent driving of the first defendant on 5 December 1973, of vehicle No. GS 2434, the property of the second defendant. The defendants entered unconditional appearance to the writ of summons on 5 January 1977.
The plaintiff filed a statement of claim on 7 February 1977 and pleaded in paragraph (4) thereof that the cause of action arose on or about 5 December 1973. Though I do not see a statement of defence on the court docket, it appears that a statement of defence was actually filed by the defendants as summons for directions was filed on 23 March 1977, returnable on or before 4 April 1977; and it was in fact heard on the return day; both counsel agreeing to the issues set down in the summons for directions. The said issues were adopted by the court for trial. One of the issues was: "Whether or not the action is statute-barred."
On 31 January 1977, the defendants filed a motion on notice, apparently under the High Court (Civil Procedure) Rule, 1954 (L.N. 140A), [p.247] Order 25, r. 3 seeking to dismiss the plaintiff's action on the ground that the action was statute-barred. On 6 June 1977 Mrs. Koranteng-Addow Ag. J., as she then was, adjourned the suit to 6 July 1977 for the argument of the preliminary objection. On 6 July 1977, however, the court did not sit and the court clerk adjourned the suit to 1 November 1977. When the suit came before me on 1 November 1977, I heard argument from both counsel.
Mr. Hammond, learned counsel for the defendants, contended that inasmuch as the plaintiff's cause of action accrued on 5 December 1973 and the plaintiff did not take out his writ until 6 December 1976, that is until after the period of three years, the plaintiff's action was statute-barred by reason of section 3 (1) of the Limitation Decree, 1972 (N.R.C.D. 54), which came into force on 1 January 1973. It is provided in section 3 (1) of the Decree that:
“3. (1) An action claiming damages for negligence, nuisance or breach of duty (howsoever the duty exists), where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to any person, shall not be brought after the expiration of three years from the date on which the cause of action accrued."
It was commo
