AKUFFO (MS), J.S.C.
By a Writ of Summons issued on 13th July 1999, the Appellant herein commenced proceedings against the Respondent for a declaration that the Appellant is a holder in due course of certain promissory notes dated 29th July, 1996. According to the Statement of Claim attached to the Writ, Sabat Motors Limited had issued these promissory notes in favour of a corporate entity named Eaglet Corporation. Each of the notes (5 in all) were due and payable on 29th July 1997, at the Liberty House Branch of the Ghana Commercial Bank on account number D.4518. The Respondent had guaranteed the due payment of the notes.
The Respondent entered conditional appearance and filed a motion to dismiss the suit or stay proceedings, under Order 3 Rules 4 and 7 of the High Court (Civil Procedure) Rules, and the High Court’s inherent jurisdiction. In the affidavit in support of the motion, the Respondent raised a number of issues, the more relevant of which, for the purpo…