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MARTY NII DANSO
V.
NII AYI OKUFUBOUR

(2023) JELR 111168 (CA)

Court of Appeal 20 Jul 2023 Ghana
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- The appeal stemmed from the High Court (Land Division), Accra’s refusal to summarily dismiss the respondent’s suit for want of capacity and alleged abuse of process under Order 11 r 18(1) and Order 19 of CI 47. - Key facts: The respondent

Case Details

Suit Number:H1/09/2023
Judges:P. BRIGHT MENSAH JA - PRESIDING R. ADJEI FRIMPONG JA OLIVIA ANKU-TSEDE (PROF) JA
Location:Accra

JUDGMENT

BRIGHT MENSAH JA

The instant appeal is from the decision of the High Court, Accra (Land Division) delivered 29/04/2022 by which the lower court had declined the invitation to dismiss the plaintiff/respondent’s suit. Being dissatisfied with, and aggrieved by the said decision, the defendant/appellant has filed with this court, a notice of appeal on the grounds that:

1. The ruling is highly against the weight of evidence.

2. The court erred when it failed to consider the essence of defendant/appellant’s application and relied on unsubstantiated facts deposed to by the plaintiff/respondent.

3. The court erred when it stated that the defendant/applicant/ appellant herein was not a party to the action as in Suit No. LD/0303/ 2021 in which the High Court invalidated the writ of summons in its form for non-endorsement; and for that matter same cannot be the basis of the invalidation of the instant writ of summons sued out with suit no. LD/0609/2021.

4. Additional grounds of appeal may be …

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