RULING
This Ruling is in respect of Motion on Notice to set aside the Writ of Summons and Statement of Claim served on the 2nd Defendant and to strike out the 3rd Defendant as a party.
This was supported by an Affidavit stating among others this Court’s jurisdiction has been wrongly invoked by the Plaintiff/Respondent against 2nd Defendant/Applicant in that Plaintiff/Respondent has failed to or comply with the statutory obligation and condition precedent before issuing the Writ and Statement of Claim which implies that the Writ and Statement of Claim issued at the Registry of this Court at the behest of Plaintiff/Respondent against the 2nd Defendant/Applicant is in breach of the Local Governance Act 2016 (Act 936) hence the issuance of the service of the Writ and Statement of Claim on 2nd Defendant/Applicant is void.
They further aver that the 3rd Defendant/Applicant is not a proper person to sue since he is acting position and the Chieftaincy Act 2008 (Act 759) describes the proper pers…