NYAME and others v. ANSAH
1970
HIGH COURT
GHANA
CORAM
- Edusei J
Areas of Law
- Civil Procedure
- Contract Law
1970
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves fishermen from Aboadzi suing under the Civil Procedure Rules of 1954. The court addresses the permissibility of representatives suing on behalf of others with a common interest and considers whether plaintiffs must give evidence themselves. It is held that plaintiffs can indeed represent others with the same interest and are not obliged to testify personally, relying instead on witnesses.
EXTRACT FROM JUDGMENT:
“I think counsel in settling pleadings must comply with the rules of procedure, and my experience has shown that counsel or solicitors do not often times give much attention to pleadings, and it is time that the courts exercised strict supervision and struck out pleadings that offend the rules.
After all, these civil procedure rules were made for the efficient dispatch or disposal of cases.
It is interesting to refer to Order 16, r. 9 of the Supreme [High] Court (Civil Procedure) Rules, 1954, which permits one or more persons to sue or be sued if there are numerous persons having the same interest in one cause or matter. It is beyond dispute that there are numerous fishermen at Aboadzi, who have the same interest in the subject-matter as the plaintiffs, and my view is that the plaintiffs can sue on behalf of the other fishermen as well as on their own behalf but all plaintiffs in any case are not obliged to give evidence. The conduct of their own case is a matter exclusively within their own discretion. They may decide not to give evidence at all but rely on evidence of witnesses. This will of course depend on the nature of the case and the proof required to establish the claim.”