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KONEX ASSOCIATES LTD. & ANOR. v. OKECHUKWU JOHN OMEOKWE & ANOR.

(2019) JELR 107322 (HC)

High Court  •  GJ/1023/2018  •  30 Jan 2019  •  Ghana

Coram
NICHOLAS M. C. ABODAKPI

Judgement

RULING

ABODAKPI, J.

1. On 8th October, 2018, Defendants/Applicants filed a motion on notice, pursuant to ORDER 1 RULE 4, ORDER 4 RULE 5(2)(a) of the High Court, [Civil Procedure] Rule 2004, C.I. 47, and the inherent jurisdiction of this Court.

The reliefs sought in the motion paper have been stated as follows:

“An order striking out the writ of summons on grounds that the Plaintiffs/Respondents have NO LEGAL CAPACITY OR LOCUS STANDI, to institute this suit against the Defendants/Applicants.”

The deposition in support, has been made by one Elijah Oppong Amponsah, a law clerk. There are six exhibits annexed to the motion, there is a supplementary affidavit in support.

Order 1 Rule 4 Provides:

ACTING WITHOUT AUTHORITY

“A person who without authority knowingly acts or takes any proceedings in the Court in the name of or on behalf of another person shall be liable to committal for contempt of Court.”

Order 4 Rule 5(2)(a), also provides:

“any stage of proceedings the Court may o…

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