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FLT. LT. JERRY JOHN RAWLINGS V. GENERAL MEDIA STRATEGIC INC AND 5 OTHERS

(2017) JELR 63719 (HC)

High Court  •  SUIT NO. GJ/1315/2016  •  10 Aug 2017  •  Ghana

Coram
KWEKU T. ACKAAH-BOAFO JUSTICE OF THE HIGH COURT

Judgement

RULING

NOTICE ON MOTION TO SET ASIDE THE WRIT OF SUMMONS

Introduction:

[1] After being served with the Plaintiff’s Writ of Summons and Statement of Claim, the Defendants/Applicants herein entered Conditional Appearance, in other words entered appearance under protest and brought this instant Motion on Notice pursuant to Order 2 Rule 7(5) of the High Court Civil Procedure Rules, (2004) CI 47.

[2] The grounds upon which the application is premised are catalogued in the 8 paragraph supporting affidavit accompanying the motion paper. The rationale underpinning the appearance under protest is stated at paragraph 5 of the supporting affidavit. The Defendants/Applicants’ case is that “the Plaintiff’s Writ of Summons, notice of which was served on the Defendants outside the jurisdiction was in flagrant violation of the rules of Court” and therefore the writ and statement of claim should be set aside.

Arguments in Favour of the Motion:

[3] In moving the application, Learned Counsel referred to the a…

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