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SELINA AMPADU & 43 OTHERS v. SOCIETE AIR FRANCE

2025

COURT OF APPEAL

GHANA

CORAM

  • ACKAAH-BOAFO JSC.
  • BERNASKO ESSAH JA.
  • AKROWIAH JA.

Areas of Law

  • Civil Procedure
  • Aviation Law

AI Generated Summary

This interlocutory appeal concerns whether a second lawsuit brought by 44 passengers against Air France for disruption of a connecting Paris–Munich flight was an impermissible splitting of claims. The passengers had earlier sued the airline for cancellation of the Accra–Paris leg of the same journey and settled that action. The High Court refused to strike out the later suit, holding that the incidents were distinct. On appeal, Ackaah-Boafo JSC, delivering the judgment of a three-member Court of Appeal panel, held that purchasing one ticket for a continuous journey gave rise to a single cause of action; the second suit ought to have been included in the first and its pursuit was an abuse of process. Citing authorities on abuse of process and estoppel, the court found the trial judge’s reasoning erroneous, allowed the appeal, struck out the impugned pleadings and dismissed the action.

JUDGMENT