F.G. KORBIEH, J.A.
This appeal emanates from a ruling of the High Court, Kumasi presided over by Gibson Adzagli, J. In that ruling the trial High Court dismissed an application brought by the defendant/appellant (hereinafter referred to as the appellant) praying “for an order to set aside and/or dismiss the plaintiff’s writ of summons and statement of claim as well as all other proceedings consequent upon the writ of summons as same is not cognizable by any rule or procedure known to the Court...” In order to better understand the issues involved in this appeal one has to go back in time to look at the historical antecedents of the case.
In an earlier suit No. IRL/51/2010 entitled “Ghana Airports Company Ltd. v. Osei Ansong”, the appellant herein, as the plaintiff then, instituted an action against the 1st plaintiff/respondent (hereinafter referred to as the 1st respondent) seeking the following reliefs:
a) A declaration that the defendant’s conduct in constructing on the Dote end of the…