Guiness Ghana Breweries Ltd. -vrs-samuel Leponeh [2020] GHACA 8 (3 December 2020)

Guiness Ghana Breweries Ltd. -vrs-samuel Leponeh [2020] GHACA 8 (3 December 2020)

The Plaintiff's action is not statute barred because written acknowledgements and negotiations between the parties, including an agreed settlement and discharge vouchers, postponed the accrual of the cause of action. The limitation period did not begin to run until the Defendants refused payment, and it would be unconscionable for the Appellant to rely on limitation after pursuing the claim on behalf of the Respondent. The trial judge's ruling is affirmed and the action should proceed to trial.

Citation
Guiness Ghana Breweries Ltd. -vrs-samuel Leponeh [2020] GHACA 8 (3 December 2020)
Parties
Appellant: Guinness Ghana Breweries Limited; 2nd Defendant: Vanguard Assurance Company Limited; Plaintiff/respondent: Samuel Lefoneh
Court
ghaca
Jurisdiction
Ghana
Judgment Date
3 December 2020
Procedural Posture
Civil Appeal / Appeal Against Interlocutory Ruling on Limitation
Outcome
Appeal dismissed; High Court ruling affirmed; suit to proceed to trial.
Legal Topics
Limitation of Actions, Personal Injury, Acknowledgement and Negotiation, Workmen's Compensation, Pleading and Evidence
Source Language
eng
Insurance Law Employment Law Civil Procedure Limitation of Actions Personal Injury Acknowledgement and Negotiation Workmen's Compensation Pleading and Evidence

Case Brief

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Parties

Guinness Ghana Breweries Limited

Appellant

Vanguard Assurance Company Limited

2nd Defendant

Samuel Lefoneh

Plaintiff/respondent

Procedural Posture

Civil Appeal / Appeal Against Interlocutory Ruling on Limitation

Legal Issues

  1. 1 Whether the Plaintiff/Respondent's action is statute barred under the Limitation Act, 1972 (NRCD 54)
  2. 2 Whether written acknowledgements and negotiations between parties prevent the operation of the limitation period
  3. 3 Whether the trial judge's ruling was supported by affidavit evidence

Ratio Decidendi

The Plaintiff's action is not statute barred because written acknowledgements and negotiations between the parties, including an agreed settlement and discharge vouchers, postponed the accrual of the cause of action. The limitation period did not begin to run until the Defendants refused payment, and it would be unconscionable for the Appellant to rely on limitation after pursuing the claim on behalf of the Respondent. The trial judge's ruling is affirmed and the action should proceed to trial.

Court Disposition

Appeal dismissed; High Court ruling affirmed; suit to proceed to trial.

Orders

  • Appeal dismissed in its entirety.
  • Ruling of the High Court judge affirmed.