KOWUS MOTORS V. CHECK POINT GH. LTD. 7 ORS

JUDGMENT

ATUGUBA, J.S.C.

On the 1st day of April 2008 the Defendants/Respondents herein filed an Addendum to their Statement of Case in the following terms, as far as relevant;

“We seek to raise a fundamental point of law concerning the locus standi of the Plaintiff/Appellant. We submit that this legal question is substantial and could be disposed off without the need for any evidence. In raising this point for the first time, we are mindful of this Court’s holding in A–G v. Faroe Atlantic Co. Ltd. [2005 – 2006] SCGLR 271 at 279 (see holding 8).

“(8) Generally, where a point of law had not been raised in the trial court and in the intermediate Court of Appeal it might not be raised in the Supreme Court as the final Appellate Court. However, there are exceptions to the general rule, namely: ...(iii) where the legal question sought to be raised for the first time was substantial and could be disposed off without the need for further evidence ...”

It is our respectful submission that at all …