AUGUSTINE APPIAH OPOKU V. THE INSPECTOR GENERAL OF POLICE /THE ATTORNEY-GENERAL
(2016) JELR 107511 (HC)
High Court
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SUIT No. IL/0039/2016
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11 Jul 2016
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Ghana
Coram
Justice Gifty Dekyem (Mrs)
Appearances
Lesline Yankson ESQ for Defendants/Applicants
Joseph Kaponde ESQ for Plaintiff/Respondent (Absent)
Judgement
<p class="ql-align-center"><strong><span style="background-color: transparent">JUDGMENT</span></strong></p><p> </p><p> <strong>DEKYEM (MRS), J.</strong></p><p><span style="background-color: transparent">Defendants/Applicants (hereinafter referred to as Applicants) moved motion for an order to set aside writ of summons and statement of claim pursuant to order 9 rule 8 of the High Court (Civil Procedures) Rules, 2004 (CI 47) and section 4(1)(b) of the Limitations Act 1972 (NRCD 54). The ground for the application is that, per Plaintiff’s writ of summons filed 21st January, 2016, claiming that he was wrongfully dismissed on 8th July, 2009, his action is statute barred. Section 4 (1)(b) of NRCD 54 provides that actions founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. Plaintiff/Respondent (hereinafter referred to as Respondent) opposed the application on grounds that, by letter dated 2nd August, 2013 (exhibit AP 1), he appealed against his dismissal to the 1st Applicant, which appeal was completely ignored. It is Respondent’s case that, it was out of disregard by the …</span></p>