FRED TETTEH
V.
J.C. MACARTHY & ANOR.

(2006) JELR 63809 (CA)

Court of Appeal · COURT OF APPEAL NO.: H1/318/2005 · 21 Jul 2006 · Ghana

CORAM

AKOTO-BAMFO [MRS.] JA. [PRESIDING], OSEI J.A., DOTSE J.A.

Ratio Decidendi

Core Terms ^Beta

plaintiff

judgment

2nd defendant

defendant

high court

notice of intention

appeal

kwabena nketia

1st defendant

solicitor

25th april

messrs onimpa akuoku

trial court

12th november

entire process

notice of change of solicitors

payment of costs

substituted 2nd defendant

trial judge

abundance of caution

address of service

brief decision of the court

burial service

civil procedure

following facts

following reliefs

following terms

greater accra region of the republic of ghana

high court civil procedure rules

months notice

notice of legal arguments

office of the 2nd defendant

onimpa akuoku

order of extension of time

parcel no.1 block

parcel of land

personal representative

plaintiffs claim

proceedings of the suit

record of appeal

recovery of possession of the said land

ruling of the high court accra

said kwabena nketia

said writ of summons

set aside

supplementary affidavit

then defendant

typical illustration of the principles of law

vitashie adukpo

DOTSE J.A.: This is an appeal against the Ruling of the High Court Accra, dated 12th November 2004. Out of abundance of caution, I will set out in extenso the brief decision of the court as appears on page 96 of the record of appeal.

'The application for substituted and setting aside the Judgment against the Defendant shall be granted as prayed. Subject to the payment of Costs of ¢10,000,000.00 to be paid on or before the 13 - 12 - 04. The case is adjourned to 13 - 12 - 04 from day to day for hearing"

This is the Ruling that has been appealed against.

BRIEF FACTS

In this appeal, the Plaintiff/Respondent hereinafter referred to as the Plaintiff claimed against the then Defendant/ Appellant hereinafter referred to as the 1st Defendant/Appellant, the following reliefs:-

"The Plaintiffs claim is for all that piece and parcel of land in extent 0.173 hectare (0.428 of an acre) more or less being parcel No.1 Block 5 section 24 situated at Osu (Christiansborg) in the Greater Accra Region of the …

FRED TETTEH V. J.C. MACARTHY & ANOR.

FRED TETTEH
V.
J.C. MACARTHY & ANOR.