AKAMBA J.A.:
This is an interlocutory appeal against the ruling on 20th July 2009 by the High Court Accra presided over by Aduama Osei, J.A, sitting as an additional judge of the High Court.
The 1st Defendant/ Appellant (simply referred as the Appellant) filed the following grounds of appeal:
1. “The learned judge erred when he refused to hear the motion to set aside the writ of summons and statement of claim under its inherent jurisdiction and which concerns the capacity of plaintiff as Director of the Bank of Ghana to commence.
2. The learned judge erred when he held that the parties should file legal arguments for the determination of the suit in that the issue whether plaintiff was properly appointed is a factual matter and cannot be determined by legal argument.
3. The learned judge erred when he gave directions in the case without first hearing the motion to set aside the writ of summons in that issue of capacity of plaintiff as a Director under the Bank of Ghana Act, Act 612 which i…