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OMNIBSIC BANK GHANA LTD.
V.
SEAWELD ENGINEERING LTD & 2ORS

(2024) JELR 112175 (CA)

Court of Appeal 25 Jul 2024 Ghana
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- This is an interlocutory appeal arising from a ruling of the High Court that dismissed the application for an extension of time to file a defense to counterclaim out of time. - The Plaintiff/Appellant filed the appeal against the ruling o

Case Details

Suit Number:H1/85/2024
Judges:DENNIS DOMINIC ADJEI, JCA P. BRIGHT MENSAH, JCA JEROME NOBLE-NKRUMAH, JCA
Counsel:MARIETTA BREW WITH CHRISTABEL QUARTEY FOR PLAINTIFF/APPELLANT TOSIN OJAOMO FOR DEFENDANT/RESPONDENT/RESPONDENT
Location:Accra

JUDGMENT

ADJEI, J.A:

This interlocutory appeal emanates from the ruling of the High Court, Accra delivered on 8th February 2023 which dismissed the application for an extension of time to file a defence to counterclaim out of time filed by the Plaintiff/Appellant. The Plaintiff/Appellant dissatisfied with the ruling of the High Court filed an interlocutory appeal against same on 27th February, 2023. For brevity, the Plaintiff/Appellant shall be referred to as Plaintiff, 1st Defendant/ Respondent as 1st Defendant, and the other defendants shall maintain their respective designations before the Court below.

The brief facts of the case that have culminated in this appeal were that on 1st April 2022, the Court below dismissed the application to strike out the name of the 2nd Defendant from the suit. The High Court dismissed the application and held that the error made by Plaintiff with respect to the name of the 2nd Defendant was clearly clinging on technicalities and could be cured.

The Defe…

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