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FRANCIS KULU SOWAH V. NUMO ADJEI KWANKO II

(2006) JELR 63774 (CA)

Court of Appeal  •  COURT OF APPEAL NO: H1/331/05  •  7 Apr 2006  •  Ghana

Coram
OWUSU [MS] JA, PIESARE JA, MRS BROWN J

Judgement

PIESARE, JA

This is an appeal against the Ruling of Gyaesayor (J) sitting at the High court (Fast Track Division) Accra, dated 30th May, 2005, setting aside the plaintiff/appellant's Writ of Summons issued on the 9th day of March 2005, upon three main grounds:

(1) that the Supreme Court, and the Court of Appeal, had already settled the defendant/respondent's position, as the Head of the Tsie-We Family, and as the proper person to alienate Kle Musum Quarter Lands;

(2) that the plaintiff/appellant lacked capacity to institute his action; and

(3) that the plaintiff/appellant failed to serve the Head of Family with a copy of the Writ of Summons in terms of Order 4 Rule 9(4) of C.1. 47, and that the non-compliance of that rule was fatal to his action.

The appellant filed 8 (eight) grounds of appeal viz:

(1) The learned judge erred in holding that the non-service of a copy of the Writ of Summons at the hearing of the application which gave rise to the ruling was fatal to the plaintiff's action.

(2…

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