Ratio DecidendiRatio DecidendiRatio Decidendi



MERCER
V.
GUINEA PRESS LTD

(1967) JELR 65528 (HC)    
High Court  ·  20 Oct 1967 ·  Ghana
 · 
Other Citations
[1967] GLR 638
CORAM
ARCHER J.

Ratio Decidendi

Core Terms Beta
defendants
plaintiff
n.l.c.d.
guinea press ltd.
paragraph
public funds
attorney-general’s fiat
evening news
national liberation council
writ of summons
statutory corporations act
respect
newspapers decree
above quoted passages
attorney-general’s department
behaviour of the defendants
board of management of the defendants
civil procedure
conditional appearance
editors of the newspapers
great force
high court
issue of the writ of summons
kotoka trust fund
limited liability company
management of the evening news
member of the attorney-general
notice of entry of appearance
notorious facts
obvious mischief
owners of the evening news
party applying
plaintiff’s action
printers of the evening news
provisions of the companies code
purpose of the action
reasonable time
respect of all defamatory matter
respect of any statement
rules of construction of statutes
serve notice of motion
service of the writ of summons
set aside
solicitor-general
such appearance
such service
trial court
unconditional appearance
words of lord atkinson
words of order

ARCHER J.

This is an application by the defendants under Order 12, r. 24 and Order 70, r. 2 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L. N. 140A), to set aside the writ of summons or alternatively service of the writ of summons issued by the plaintiff on the ground that the Attorney-General’s fiat was not obtained before the writ was issued as required by paragraph 1 of the Newspapers Decree, 1966 (N.L.C.D. 107).

Before I consider the merits of the application I propose to deal with certain procedural points which have become glaring in this matter. Order 12, r. 24 provides:

“A defendant before appearing shall be at liberty, without obtaining an order to enter or entering a conditional appearance, to take out a summons or serve notice of motion to set aside the service upon him of the writ or of notice of the writ, or to discharge the order authorising such service.”

Order 70, r. 2 also provides:

“No application to set aside any proceeding for irregularity shall be allowed…
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