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JONATHAN NORTEY SOWAH V. LANDS COMMISSION & 51 ORS. MARY OSAFO-NOWACKI

(2017) JELR 68607 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/12/2017  •  3 May 2017  •  Ghana

Coram
ADJEI J.A. (PRESIDING), SOWAH J.A. , MENSAH J.A.

Judgement

JUDGMENT

SOWAH, J.A.

This is an appeal by the 10th defendant/appellant [hereafter referred to simply as the ‘appellant’] against the ruling of the High Court, Koforidua, dated the 13th March 2015. By the ruling, the trial court dismissed the appellant’s application to set aside the writ of summons and statement of claim as it relates to her.

The sole ground of appeal in the notice of appeal filed on the 25th March, 2016, states that:

The trial judge erred in law when he dismissed the appellant’s application to set aside and dismiss the writ of summons and statement of claim against her in the face of the evidence on the record of appeal that at the time the writ of summons and statement of claim was issued, the appellant was not resident within the jurisdiction of the Court.

The appellant had indicated that other grounds would be filed upon receipt of the record of appeal but did not file any further grounds.

By their respective written submissions, varying arguments have been presented for…

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