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AXEX COMPANY LIMITED
V.
KWAME OPOKU, SYLOP COMPANY LIMITED AND UNIQUE COMPANY LIMITED

(2012) JELR 67479 (SC)

Supreme Court 19 Jul 2012 Ghana
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- Supreme Court held that any irregularity in the writ of summons was cured by the accompanying statement of claim; cause of action was properly disclosed per Order 11 rule 15(2) of CI 47 and Order 81 of CI 47 renders non-compliance an irre

Case Details

Suit Number:CIVIL APPEAL NO. J4/23/2008
Judges:ATUGUBA AG. C J (PRESIDING), AKUFFO [MS.] JSC, OWUSU [MS] JSC, DOTSE JSC, GBADEGBE JSC
Counsel:KWAME AKUFFO BOAFO (WITH HIM AUGUSTUS ABEIKU BREW) FOR THE DEFENDANTS/APPELLANTS/APPELLANTS; JAMES AGALGA FOR THE PLAINTIFF/RESPONDENT/RESPONDENT.

JUDGMENT

GBADEGBE JSC

This is an appeal from the decision of the Court of Appeal dated 31 July 2008, that dismissed an appeal from the previous decision of the High Court, Accra entered on 14 March 2007. In outline, the respondent commenced the action herein in the court below seeking certain orders directed at specified bank accounts alleged to be operated by the 1st appellant with proceeds that had been transferred from a business account held by the respondent company of which the 1st appellant herein was a 50% shareholder.

Following the issue of the writ of summons herein, certain interlocutory applications were made to the court below and granted including an order freezing the specified accounts and an order for the managers of Ecobank and Barclays Bank, Tema to furnish the court with statements of accounts relating to the said accounts from January 2003 to January 2007. On 14 March 2007, the respondent applied to the court below for summary judgment against the defendants in the s…

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