MINCOR RESOURCES LTD. V. TROPICAL MINERALS CO. LTD. AND EDWARD KUSI AWUAH

JUDGMENT

MARIAMA OWUSU, J.A.

On the 22-3-06, the High Court, Accra, ruled that, "the preliminary objection raised by the plaintiff’s counsel is upheld. The court is also of the view that the applicant is totally out of time. That the summary judgment was regularly obtained, I therefore find that the application should be dismissed, I make no order as to cost." It is against this ruling that the 1st Defendant/Appellant has appealed against.

The grounds of appeal are as follows;

a. The ruling is against the weight of evidence.

b. The learned judge erred in law when she upheld the plaintiff’s lawyer’s preliminary legal objection to 1st Defendant’s application to set aside the court’s earlier summary judgment dated 26-7-05 by dismissing the application in limine.

c. The learned judge erred in law when she upheld the plaintiff’s lawyer’s objection aforesaid without any affidavit in opposition having been filed against the 1st Defendant’s application.

d. The learned judge erred in law when she bre…