RITA KRIBA VS AFRICA WORLD AIRLINES
2019
HIGH COURT
GHANA
CORAM
- JUSTICE GIFTY AGYEI ADDO
Areas of Law
- Civil Procedure
- Human Rights Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case concerns a review application against a court order for the filing of witness statements and pre-trial checklists in a human rights enforcement action. The applicant argued the order was erroneous, but the court upheld the order, finding it in line with procedural rules.
BACKGROUND This ruling is in respect of an application for a review of the Order of this Court dated 22nd February, 2019, directing the parties herein to file their witness statements and pre-trail checklists at the Registry of this Court within 14 days of the Order.
The Applicant brought the instant application under Order 42 of the High Court (Civil Procedure) Rules, 2004 (C. I. 47) which grants the Court the power to review its decisions suo motu or on an application by either party.
The substantive action on which this application is premised is an originating motion, filed by the Applicant on the 11th of June, 2018, for the enforcement of her fundamental human rights.
By that application, the Applicant prayed the Court to grant the following reliefs: a. Adjudge and declare that the Applicant was discriminated against on grounds of her physical disability, by the Respondent; b. Adjudge and declare that the Applicant’s right to dignity has been violated by the Respondent; c. Adjudge and declare that there was a valid contract between the Applicant and the Respondent for the Respondent to transit the Applicant from Accra to Kumasi; d. Adjudge and declare that the Respondent breached the contract to transit the Applicant from Accra to Kumasi; e. And to make an order for: i. General damages for discrimination; ii.
General damages for the violation of the Applicant’s right to dignity; iii.
General damages for breach of contract to transit the Applicant from Accra to Kumasi; iv.
Costs including solicitor’s fees; v. Any order(s) that this Honourable Court may deem fit.
THE FACTS OF THE SUBSTANTIVE APPLICATION.
The facts that gave rise to the application for the enforcement of the Applicant’s fundamental human rights as enshrined in the 1992 Constitution are contained in the affidavits filed by the parties to the application.
It is not disputed as between the parties that on the 4th of May, 2018 the Applicant, through her travel agent, booked a flight ticket for the 5th of May, 2018, with the Respondent Airline to transport her from Accra to Kumasi.
It also stands undisputed that on the 5th of May, 2018, the Applicant was not permitted onboard the said airplane upon her arrival at the airport.
The reasons proffered by the parties for disallowing the Applicant onboard the Respondent’s airplane is what is in controversy.
According to the Applicant, per her affidavits in support of the application, upon her arrival at the airport on the scheduled date