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AUGUSTINE APPIAH OPOKU
V.
THE INSPECTOR GENERAL OF POLICE /THE ATTORNEY-GENERAL

(2016) JELR 107511 (HC)

High Court 11 Jul 2016 Ghana
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- Defendants/Applicants filed a motion to set aside the writ of summons and statement of claim, claiming that the plaintiff's action is statute barred. - The plaintiff opposed the application, stating that he appealed against his dismissal

Case Details

Suit Number:SUIT No. IL/0039/2016
Judges:Justice Gifty Dekyem (Mrs)
Counsel:Lesline Yankson ESQ for Defendants/Applicants Joseph Kaponde ESQ for Plaintiff/Respondent (Absent)

JUDGMENT

DEKYEM (MRS), J.

Defendants/Applicants (hereinafter referred to as Applicants) moved motion for  an order to set aside writ of summons and statement of claim pursuant to order 9  rule 8 of the High Court (Civil Procedures) Rules, 2004 (CI 47) and section 4(1)(b)  of the Limitations Act 1972 (NRCD 54). The ground for the application is that, per  Plaintiff’s writ of summons filed 21st January, 2016, claiming that he was  wrongfully dismissed on 8th July, 2009, his action is statute barred. Section 4 (1)(b)  of NRCD 54 provides that actions founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action  accrued. Plaintiff/Respondent (hereinafter referred to as Respondent) opposed  the application on grounds that, by letter dated 2nd August, 2013 (exhibit AP 1),  he appealed against his dismissal to the 1st Applicant, which appeal was  completely ignored. It is Respondent’s case that, it was out of disregard by the  …

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