Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



BONSU
V.
EYIFAH AND ANOTHER

(2001) JELR 69658 (HC)    
High Court  ·  30 May 2001 ·  Ghana
 · 
Other Citations
[2001-2002] 1 GLR 9
CORAM
APPAU J

Ratio Decidendi

Core Terms Beta
defendants
plaintiff
counsel
letters of administration
order
application
court
ln 140a
omari-sasu j
halsbury’s laws
leave of the court
registry of the court
commencement of the action
conditional appearance
issue
rules of court
case law
deceased person
fundamental irregularity
fundamental legal requirement
grant
legal position
plaintiff’s writ
revocation of letters of administration
rules
serve notice
service of the writ of summons
support of the application
action void ab initio
administration of estates act
administration rules
civil procedure
commencement of the instant action
defence counsel
grant of probate
ground rules
high court
legal grounds
main issues
ordinary dictionary meaning of the word
plaintiff’s claim
respect of an estate
respect of any estate of a deceased person
said requirement
second issue
statutory law
statutory provision
time omari-sasu j

JUDGEMENT

APPAU J.

This is an application by the defendants calling on the court to strike out or set aside the plaintiff’s writ of summons for non-compliance with a fundamental legal requirement. The six-paragraphed affidavit accompanying the application which was sworn to by counsel for the defendants did not specify the said requirement which the defendants said the plaintiff did not comply with. However, according to the defendants, they had filed the application consequent upon a conditional appearance entered on their behalf by their counsel on 15 March 2001. The application itself was filed on 29 March 2001, that is ten days after the entry of appearance. The plaintiff did not file any affidavit in opposition because, according to her counsel, there was nothing in the affidavit in support of the application which they had to respond to. Counsel for the plaintiff therefore opposed the application on legal grounds.

In his arguments in support of the application, counsel for the defe…

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