judy.legal
Login Register

GENERAL LEGAL COUNSEL V. JAMES ABIADUKA

(2017) JELR 65115 (CA)

Court of Appeal  •  17 Jan 2017  •  Ghana

Coram
LOVELACE-JOHNSON JA

Judgement

RULING

LOVELACE-JOHNSON JA

The respondent on 6/12/2016 filed an application in the form of a motion to dismiss an appeal filed by the appellant as incompetent.

Counsel for the appellant raises a preliminary legal objection to the above on the, grounds that:

(1) This court lacks jurisdiction to hear the said application because it has been filed prematurely.
(2) Neither the motion paper nor the supporting affidavit disclose the basis of the “legal point” raised.

I will consider the second ground first. In his response to this, counsel for the respondent states in paragraphs 3&4 of the affidavit in support provide the necessary facts upon which the present application is based.

In dealing with the preliminary legal objection raised, the court will not consider as enjoined by the authorities- the contents of the affidavit in support. The contents of the said affidavit will be considered if the court finds it proper to hear and determine the motion on its merits after giving a ruling on the…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login