KWAME OWUSU
V.
THOMAS YALLEY

(2018) JELR 65628 (HC)    
High Court  ·  SUIT NO.OCC/26/18 ·  16 Jan 2018 ·  Ghana
CORAM
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
plaintiff
power of attorney
counsel
ghana
instrument
court
germany
defendant
opposition
respondent
address
affidavit
donor of the power
issue
motion
preliminary objection
applicant
kwabena tawiah
return date
section
statement of claim
supplementary affidavit
writ of summons
absence of any affidavit
additional expenses
basis of the objection
cost price
cross-examination
date of final payment
execution of powers of attorney
following reliefs
kia frontier k2700 truck
kwame owusu
lawful attorney of the plaintiff
legal requirements
plaintiff’s lawful attorney
plaintiff’s writ
recovery of cash
registry of this court
requirements of the powers of attorney act
response
rules
said motion
said sum
service of the writ
submissions
submissions of both counsel
sum of ghc
view
witness

RULING

On 09/11/2017, the Plaintiff, Kwame Owusu, caused a writ of summons and statement of claim to be issued from the registry of this court for the following reliefs:

1. Recovery of cash in the sum of GHC 75,000.00 being the cost price and additional expenses incurred by the Plaintiff in buying a KIA Frontier K2700 truck from Germany to Ghana in October, 2014.

2. Interest on the said sum from October, 2014 to date of final payment at the prevailing bank rate.

3. Damages for breach of contract Costs.

Upon service of the writ on the Defendant, Thomas Yalley, he caused his lawyer to file a notice of appearance on his behalf on 14/11/2017. This was followed by a motion on notice to set aside the Writ of Summons, it was filed on 29/11/2017 with a return date of 21/12/2017, just a day to the Christmas vacation.

An affidavit in opposition to the said motion was deposed to by one Kwabena Tawiah who described himself as the lawful attorney of the Plaintiff/Respondent. Before the motion could be m…

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