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JULIANA AYIM DONKOR & 2 ORS.
V.
ADE COKER & 3 ORS.

(2013) JELR 65745 (CA)

Court of Appeal 21 Mar 2013 Ghana
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- The Court of Appeal allowed the appeal and struck out the co-plaintiffs and all their processes from the suit for failure to comply with Order 4 Rule 5(5) and (7) of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), specifically, th

Case Details

Suit Number:SUIT NO. H1/163/2012
Judges:MARIAMA OWUSU J.A. (PRESIDING), ACQUAYE J.A.,WELBOURNE J.A.
Counsel:MR. ENOH AMAH ANDOH FOR DEFENDANTS/APPELLANTS,MR. JAMES AHENKORAH FOR CO-PLAINTIFFS/RESPONDENTS

JUDGMENT

MARIAMA OWUSU, J.A:

On 6-12-2007, the High Court, Accra, ruled among other things that;

“....It is the duty of the plaintiff to do the amendment and serve the co-plaintiff with the amended writ of summons. It has however been observed that the plaintiff has done the amendment and filed same on 31-10-07, 10 months after the order. In fact after Counsel for the Defendants has raised the issue.

This Court having taken into consideration the stage to which case has travelled and the fact that the defendants had filed court processes and served same on the Co-plaintiff after the non-compliance had been noticed, I will invoke the provision of Order 1 R 2 in order to achieve speedy and effective justice, avoid delay and necessary expense and ensure that as far as possible, all matters in dispute between the parties may completely, effectively and finally determined and multiplicity of proceeding concerning any such matters avoided...........

This Court is of the view that the claim of th…

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