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JESUIT FATHERS OF GHANA SOCIETY v. PATIENCE BELINDA KOFIE & 2 Ors

(2020) JELR 107054 (CA)

Court of Appeal  •  H1/253/2018  •  25 Jun 2020  •  Ghana

Coram
B. F. ACKAH-YENSU, JA (PRESIDING). H. KWOFIE, JA. P. B. MENSAH, JA

Judgement

JUDGMENT

B. ACKAH-YENSU, JA

This appeal arises from the Ruling of the High Court (Land Division), Accra delivered on 21st March 2018.  The circumstances in which our jurisdiction has been invoked is stated in the Notice of Appeal dated 16th April 2018 as follows:

“Part of the decision of the lower Court complained of

(1) Order referring the dispute to mediation and stipulating that the Plaintiff should involve a member of the Catholic Church not below the rank of a monsignor; and

(2) “Observation” ex cathedra that under the laws of Ghana, it is legally incompetent to make an “unknown developer” a defendant in a civil suit”.

A myriad of grounds were stated therein for determination.  An examination of the grounds vis-à-vis what the law states has been so well interrogated by my brother, Bright Mensah, JA that it is pointless to re-state the position of the law.

BACKGROUND

The Plaintiff/Appellant (to whom I shall for convenience hereinafter describe as the “Plaintiff”) took out the writ of s…

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