AMUYAW
V.
KODJO

(1993) JELR 69463 (CA)    
Court of Appeal  ·  8 Jul 1993 ·  Ghana
 · 
Other Citations
[1992 – 1993] 4 GBR 1542 - 1545 C.A
CORAM
ESSIEM JA, ADJABENG JA, LUTTERODT JA
Core Terms Beta
court
case
judgment
defendant
judge
jurisdiction
appeal
application
dove j
march
order
respondent
counsel
sampson j
cape coast high court
judgment of dove j
plaintiff
rule
support of the appeal
high court
issues
such application
brief facts of the case
central issue
chief justice
court notes
due course
following provisions
high court accra
judgment of dove j. order
main point
omaboe v kwame
order of the court
order of the high court
ordinate jurisdiction
personal service
plaintiff's action
registrar of that court
ruling of sampson j
said judgment
service of the entry of appearance
such terms
sum
summary judgment
supreme court
transfer of proceedings
trial court
trial judge
useful purpose
various submissions

ESSIEM JA.

This is an appeal from the ruling of Sampson J sitting at the High Court Accra by which he set aside the judgment of Dove J in this case. I should mention at the very beginning that at the time the application to set aside the judgment was brought before the court, Dove J had retired from the judiciary.

It was argued by the appellant that Sampson J had no jurisdiction to set aside the judgment of Dove J because they had co-ordinate jurisdiction and that the way open to the respondent was to have appealed. In sum this was the main point canvassed by the appellant in this case while the respondent by his counsel contended that Sampson J had jurisdiction to deal with the application since Dove J had retired from the service at the time the application was made to the court.

Before dealing with the points raised in support of the appeal as well as the points raised against it, I want to give the brief facts of the case. The writ in the case was issued in the Cape Coast High Court …

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