Ratio DecidendiRatio DecidendiRatio Decidendi



NANA ADUNA II AND MRS. PHILOMENA SAM
V.
THEODORA YEABOAH, KENNETH OTOO-QUAYSON AND MABEL SEMUA COFFIE

(2018) JELR 65534 (CA)    
Court of Appeal  ·  NO: H1/126/2017 ·  8 Feb 2018 ·  Ghana
CORAM
KUSI-APPIAH J.A. (PRESIDING), DZAMEFE J.A., SUURBAAREH J.A.

Ratio Decidendi

Core Terms Beta
order
appellants
proceedings
non-compliance
rules
high court
counsel
mere irregularity
interested party
writ of summons
civil procedure
statement of claim
trial judge
set aside
above authority
appellants’ application
deceased person
dr. date baah j.s.c.
ex parte allgate company ltd.
jurisdiction of the court
record of appeal
supreme court
want of jurisdiction
c.i.47 provide
critical issue
due deference
ex parte allgate co. ltd.
following cases
following grounds
following reliefs
furtherance of their notice
grant of the letters of administration
learned trial judge
legal position
main issue
mandatory rule of procedure
notice of preliminary legal objection
plaintiffs’ action
plaintiffs failure
probation action
revocation of the grant of letters
said breach
second application
service of the respondents
statement of case
trial court
validity of the proceedings
view of counsel
whole proceeding

JUDGMENT

KUSI-APPIAH, J.A.

The main issue that arises for determination in this appeal is whether non-compliance with Order 66 Rules 33(3) and 37(1) of C.I.47 before probation action is issued out, is a mere irregularity which can be set aside or renders the proceedings a nullity. Put differently, was the plaintiffs’ action competent or properly before the trial court?

The facts relevant to this appeal were as follows:

On 7th August, 2015, the plaintiffs/respondents (hereinafter called the respondents) issued a writ of summons against the defendants/appellants (hereinafter called the appellants in the High Court, Accra for the following reliefs:

“(1) A declaration that Getrude Otto’s line of inheritance is matrilineal and that the defendants have no business in intermeddling with the intestate estate of the late Getrude Akotaa Otoo.
(2) An order to set aside the grant of the Letters of Administration to the 1st defendant.
(3) An order for the cancellation of the certificate issued to the 1s…
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