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RITA KRIBA VS AFRICA WORLD AIRLINES

2019

HIGH COURT

GHANA

CORAM

  • JUSTICE GIFTY AGYEI ADDO

Areas of Law

  • Civil Procedure
  • Human rights Law
  • Aviation Law

AI Generated Summary

Justice Gifty Agyei Addo of the High Court ruled on an application by Rita K., who had initiated an originating motion to enforce fundamental rights after the respondent airline denied her boarding on a scheduled Accra–Kumasi flight. The court had earlier ordered both parties to file witness statements and pre-trial checklists and set a case management conference, concluding that disputed facts required trial. Rita sought review, arguing the order improperly treated a rights application like a writ action and that Order 67 excluded witness statements and case management. The airline opposed, saying appeal was the proper route and that rules permit calling witnesses. The court interpreted Orders 67 and 38 holistically, noted C.I. 87 provides for witness statements, and cited authority that courts may require oral evidence and even pleadings in originating motions. Applying Order 42 and Supreme Court precedents, the court found no error apparent or exceptional circumstances. The review was dismissed, with no order as to costs.

RULING