KWAME OWUSU V. THOMAS YALLEY

RULING

On 09/11/2017, the Plaintiff, Kwame Owusu, caused a writ of summons and statement of claim to be issued from the registry of this court for the following reliefs:

1. Recovery of cash in the sum of GHC 75,000.00 being the cost price and additional expenses incurred by the Plaintiff in buying a KIA Frontier K2700 truck from Germany to Ghana in October, 2014.

2. Interest on the said sum from October, 2014 to date of final payment at the prevailing bank rate.

3. Damages for breach of contract Costs.

Upon service of the writ on the Defendant, Thomas Yalley, he caused his lawyer to file a notice of appearance on his behalf on 14/11/2017. This was followed by a motion on notice to set aside the Writ of Summons, it was filed on 29/11/2017 with a return date of 21/12/2017, just a day to the Christmas vacation.

An affidavit in opposition to the said motion was deposed to by one Kwabena Tawiah who described himself as the lawful attorney of the Plaintiff/Respondent. Before the motion could be m…