DR. ARTHUR OTOO CHINERY V. I-SIBIE COMPANY LTD & ORS

AVRIL LOVELACE-JOHNSON, JA

This is an appeal against the ruling of the High Court dated 7thJune 2016 on the following grounds:

1. The Ruling is against the weight of evidence

2. The Default Judgment being a nullity should not have been allowed to stand

3. The judge erred in even considering the evidence of the bailiff and should have disregarded his evidence for proving service three years after the fact

4. The learned judge’s findings that there was evidence of the land having been transferred to third parties is not borne out of the record

5. The learned judge erred in dismissing the application when the suit had not even commenced and there were 8 other parties in the suit.

6. Further grounds to be canvassed upon the receipt of the record of proceedings

Contrary to the indication in the notice of appeal no additional grounds of appeal were filed.

The facts of this case are that the Plaintiff/Respondent (to be referred to simply as Respondent hereon) issued a writ on 26th August 2011 against…