Ratio DecidendiRatio Decidendi



FLT. LT. JERRY JOHN RAWLINGS
V.
GENERAL MEDIA STRATEGIC INC AND 5 OTHERS

(2017) JELR 63719 (HC)    
High Court  ·  SUIT NO. GJ/1315/2016 ·  10 Aug 2017 ·  Ghana
CORAM
KWEKU T. ACKAAH-BOAFO JUSTICE OF THE HIGH COURT

Ratio Decidendi

Core Terms Beta
jurisdiction
writ
order
defendants
rule
application
leave of the court
writ of summons
notice
high court
conditional appearance
instant application
instant case
rules of court
statement of claim
above decision
arguments
civil procedure
concurrent writs
facts of this case
notice of the writ
plaintiff’s writ
service of the writ
set aside
applicants’ case
arguments of counsel
associate editors
case of lokko
case of lokko v
context of the facts of this case
court of appeal decision
defendants application
executive editor of the said africawatch magazine
flagrant violation of the rules of court
full depth of the argument
high court civil procedure rules
instant motion
issuance of the writ
issue
later time
learned counsel
main principle
opinion of the court
plaintiff’s failure
relevant provisions
s. kwami tetteh
united kingdom
united states of america

RULING

ACKAAH-BOAFO J.

NOTICE ON MOTION TO SET ASIDE THE WRIT OF SUMMONS

Introduction:

[1] After being served with the Plaintiff’s Writ of Summons and Statement of Claim, the Defendants/Applicants herein entered Conditional Appearance, in other words entered appearance under protest and brought this instant Motion on Notice pursuant to Order 2 Rule 7(5) of the High Court Civil Procedure Rules, (2004) CI 47.

[2] The grounds upon which the application is premised are catalogued in the 8 paragraph supporting affidavit accompanying the motion paper. The rationale underpinning the appearance under protest is stated at paragraph 5 of the supporting affidavit. The Defendants/Applicants’ case is that “the Plaintiff’s Writ of Summons, notice of which was served on the Defendants outside the jurisdiction was in flagrant violation of the rules of Court” and therefore the writ and statement of claim should be set aside.

Arguments in Favour of the Motion:

[3] In moving the application, Learned Counsel re…

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