NYAME and others v. ANSAH

Justice Edusei’s judgment emphasizes rigorous compliance with civil procedure rules and strict judicial supervision of pleadings. He observes that counsel and solicitors often neglect the care required in drafting pleadings and urges courts to strike out pleadings that offend procedural norms, highlighting that procedural rules are designed to ensure the efficient dispatch or disposal of cases. Citing Order 16, r. 9 of the Supreme [High] Court (Civil Procedure) Rules, 1954, he confirms that representative actions are permitted where numerous persons have the same interest, exemplified by numerous fishermen at Aboadzi sharing the plaintiffs’ interest. The judge clarifies that named plaintiffs are not obliged to give evidence personally; they may rely on witnesses, and the conduct of their case is within their discretion, subject to the nature of the case and the proof required.