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EBUSUAPANYIN KOFI ANDOH & ORS V. EBUAPANYIN ASI YAW

(2016) JELR 64719 (CA)

Court of Appeal  •  SUIT NO. H1/14/2014  •  23 May 2016  •  Ghana

Coram
HONYENUGA JA (PRESIDING), GYAN J.A, SUURBAAREH JA

Judgement

SAEED K. GYAN, JA

I have had the privilege of reading before hand the judgment of my worthy brother Suurbaareh, JA and I entirely agree with his conclusion that this interlocutory appeal should be disallowed or otherwise that it ought not to be granted. I would however like to discuss aspect of this case bordering on procedure which I believe bears considering in relation to the competence of the step taken by the Defendants/Applicants/Appellants herein to ensure an early or precipitous ending of the case brought against them by the Plaintiff/Respondent/Respondent herein without determining the case on the merits through a plenary trial.

It has always been a fundamental principle of the law that unless in the clearest cases, a party should not be debarred from the judgment seat before they have been heard as required by law.

It is equally a principle of considerable eminence that where a stature sets out preconditions which are mandatory in order to access a relief “ a person entitled to…

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