KONADU
V.
NTOAH

(1971) JELR 65679 (HC)    
High Court  ·  18 Jan 1971 ·  Ghana
 · 
Other Citations
[1971] 1 GLR 318
CORAM
BAIDOO J.
Core Terms Beta
plaintiff
statement of claim
defendant
writ
order
action
court
december
motion
abena temah
circumstances
plaintiff’s solicitor
rules
second defendant
civil procedure
new defendant
new plaintiff
parties
person
second writ of summons
supreme
writ of summons
yaa ntoah
accompanying statement of claim
amended writ
amendment of the capacity
application of any sort
course of time
customary successor of the late kwasi buor
different action
different rules
dr. i. l. ohene-djan
expiration of the time
leave of the court
mr. yaw attakora-amo
notes state
ordinary writ of summons
party desires
precise portion of the writ
relevant portion
representative capacity
respect of the parties
respect of the statement of claim
second writ
separate paper
solicitor
such new party
time limit
title of the action
total collapse

BAIDOO J.: This motion was filed on 5 December 1970 by the defendant under Order 27, r. 1 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.A. 140A), praying for an order dismissing the action for want of prosecution. The plaintiff instituted her action on 28 October 1970 by filing an ordinary writ of summons unaccompanied by any statement of claim. The writ was duly served on the defendant on 18 November 1970 and two days later the plaintiff filed a motion praying for an interim injunction to restrain the defendant. On 23 November 1970 the defendant, acting through her solicitor, Mr. Yaw Attakora-Amo, entered an appearance which was served in course of time on plaintiff’s solicitor, Dr. I. L. Ohene-Djan.

The endorsement on the writ indicated all along that the plaintiff was suing in her own right (not in any representative capacity) and suing only one defendant, Akua Konadu. Although Dr. Ohene-Djan is the person who has been acting as the plaintiff’s solicitor all along and…

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