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FAROUK TEYE AMANOR v. PIONEER FOOD CANNERY LTD

(2018) JELR 107241 (HC)

High Court  •  GJ/470/2018  •  2 Nov 2018  •  Ghana

Coram
NICHOLAS M. C. ABODAKPI

Judgement

R U L I N G

A writ of summons has been filed and served on defendant in this action. Plaintiff is seeking special and general damages for the negligent conduct of defendant that resulted in the injury he had suffered.

On 16/04/2018, the writ was served on defendant and on 19/04/2018, a Notice of Conditional Appearance was filed on behalf of the defendant. This was followed by an application for an order setting aside the writ, which was filed on 02/05/2018. The application has been opposed, but a preliminary legal objection has been raised against the motion, and this Ruling is in respect of that. It is noted that Order 9 Rule 8 of the High Court, Civil Procedure Rules, 2004, C.I. 47 and Section 3 of the Limitation Act (NRCD 54) have been cited as the relevant rule of procedure and statute under which the motion has been founded.

The objection to it was therefore on the contention that, a defendant cannot set a writ aside under the rules cited. It was submitted that ther…

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