Ratio DecidendiRatio DecidendiRatio Decidendi



KWABENA OSEI ASIBEY AND 9 OTHERS
V.
NANA AMO ADJEPONG AND NANA KOFI NTI III

(2016) JELR 65689 (CA)    
Court of Appeal  ·  SUIT NO: H1/42/2016 ·  28 Nov 2016 ·  Ghana
CORAM
HONYENUGA J.A (PRESIDING), SAEED K. GYAN J.A, SUURBAAREH J.A

Ratio Decidendi

Core Terms Beta
service
order
plaintiffs
counsel
defendants
writ of summons
ample evidence
circuit court
affidavit of service
set aside
grant of letters of administration
learned trial judge
new york
own house
particular circumstances of this case
registry of the high court
support of the motion
beneficiaries of the estate of the deceased
case of the plaintiffs
copy of the said court processes
copy of the said notice of appearance
court of law
entry of appearance
high court judge
interlocutory appeal
ladyship mrs. hannah taylor
leave of the court
legal submissions
motion ex-parte
order of interlocutory injunction
order of the court
order setting aside
record of appeal shows
relevant court processes
revocation of the letters of administration
ruling of the high court
said affidavit
said letters of administration
said substituted service
service of any document
service of the writ of summons
taylor j

JUDGMENT

SAEED K. GYAN, J.A

This is an appeal from the decision or Ruling of the High Court, Sekondi, dated 22nd October, 2015.

It may well be said, in passing, that considering the particular circumstances of this case, it would have been expedient in order to save time and possibly expense to have skipped or avoided this interlocutory appeal so as to have promptly and directly dealt with the substantive matter or controversy raised for determination in the instant suit. It is, however, clearly understood that every party to an action in a court of law is entitled to test the ambit of the law touching upon their case, if they so desire. Arguably, it is such persistence that had helped to develop the law or brought clarity to some grey areas through construction and interpretation.

The Plaintiffs/Respondents/Appellants herein (hereinafter referred to as Plaintiffs or Appellants) who said they were children of the late Nana Osei Kofi Nti (aka James Welbeck Osei) and hence the beneficiaries…

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