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PASTOR LEON RICHARDSON
V.
NELSON KING

(2019) JELR 107326 (HC)

High Court 27 Feb 2019 Ghana
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- Court held that failure to indorse residential and occupational addresses as mandated by Order 2 Rule 3(2), High Court Civil Procedure Rules, 2004, is a fundamental procedural irregularity affecting jurisdiction, resulting in dismissal of

Case Details

Suit Number:LD/739/2018
Judges:NICHOLAS M.C. ABODAKPI
Counsel:S. Y. FELIX NTOSO ESQ. FOR DEFENDANT/COUNTERCLAIMANT PRESENT DANIEL AGYEI ESQ. F. K. YEBOAH ESQ. FOR PLAINTIFF PRESENT

BY COURT: RULING

1. On 21/02/2018, Plaintiff took a writ of summons from the Registry this Court. The writ was accompanied by a statement of claim, which was subsequently amended and a reply as well, as shown by records of this Court.

The Defendant has filed a Notice of Appearance and defence in which a counter-claim has been indorsed.

Subsequently, this Court heard a motion on notice, filed on 07/11/2018 for an order dismissing Plaintiff’s suit for failure to provide/indorse, residential and occupational addresses, as required by the rules of Court. The application was opposed.

And on 27/11/2018, this Court, delivered its Ruling. This Court held that the failure to indorse residential and occupational addresses as provided for by ORDER 2 RULE 3(2) of the High Court Civil Procedure Rules, 2004, is an irregularity that is fundamental, and affects the jurisdiction of this Court.

Thereafter, a motion to set aside the said Ruling was also dismissed.

In effect, Plaintiff’s …

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