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OBOADE NOTSE KING
V.
CELEBRITY GOLF AND HOLIDAY RESORT LTD & ORS

(2025) JELR 114403 (CA)

Court of Appeal 23 Jan 2025 Ghana
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BriefBot Summary

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- The plaintiff, acting as Paramount Chief of the Nungua Traditional Area, sued the defendants (Celebrity Golf and Holiday Resort Ltd and its officer) for recovery of possession and injunctive relief over alleged encroachment on the Sakumon

Case Details

Suit Number:CIVIL APPEAL NO. H1/129/2023
Judges:J. A. BARTELS-KODWO, JA (PRESIDING) A. S. ASARE-BOTWE, JA DR. E. OWUSU-DAPAA, JA
Counsel:GYAN OSMAN FOR DEFENDANTS/APPELLANTS OSEI AKOTO APPIAHENE FOR PLAINTIFF/RESPONDENT
Location:Accra

JUDGMENT

DR. E. OWUSU-DAPAA, JA:

Introduction:

[1]. My Lords, the interlocutory appeal before us emanates from the Ruling of the High Court, Tema dated 25 August, 2022. Pertinent questions relating to procedural propriety in triggering the civil procedure rule  seeking to have matter dismissed for not disclosing reasonable cause of action as well as setting aside service writ of summons are presented in this appeal. Ordinarily speaking this is a well known area of practice and for that matter the interlocutory appeal ought not to unduly engage our attention. Nevertheless, the clumsy manner in which Counsel for Defendants/Appellants mounted the application at the court below necessitates a bit of nuanced exposition and critique as we seek to resolve this appeal.

Factual and Procedural Background

[2]. The Plaintiff, Oboade Notse King Prof. Odaifio Welentsi III (Paramount Chief of the Nungua Traditional Area), sued the Defendants, Celebrity Golf and Holiday Resort Ltd (1 Defendant) and Mr. Ro…

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