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NII OKWEI DOWUONA VI V. UTC ESTATES GHANA LTD, P.H.C ESTATES LTD & HODA PROPERTIES LTD

(2020) JELR 112298 (CA)

Court of Appeal  •  HI/186/2020  •  26 Nov 2020  •  Ghana

Coram
WELBOURNE J. A. (PRESIDING) AGBEVOR J.A. BAFFOUR J.A

Appearances
Samuel Ofosu Asamoah for 3rd Defendant/Respondent.

Judgement
<p style="text-align: center"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify"><strong><u>BAFFOUR J.A</u></strong><u>:</u></p><p style="text-align: justify"><strong><u>INTRODUCTION</u></strong></p><p style="text-align: justify">One of the often-resorted provisions in the High Court (Civil Procedure) Rules, 2004, C. I 47 is Order 11 rule 18 in an attempt by parties to end trials that would have taken years to complete. Where any of the sub rules under Order 11 rule 18 mandates and admits of such an application on the facts of a given case, a court would be justified in dismissing a suit or a counter claim but where the power is exercised not in accordance within the perimeters spelt out, any dismissal of an action based on that rule would be set aside by an appellate court.</p><p style="text-align: justify"><strong><u>FACTS</u></strong></p><p style="text-align: justify">Plaintiff/Appellant, in his capacity as the Mantse of Osu, acting for himself and on behalf of his people, by an amended writ filed on the 9th of May, 2017 sought the following reliefs:</p><p style="text-align: justify">a. A declaration that the 20 year and five-month lease dated 28th day of April, 1999 between the 1st and 2nd Defendant is null and void and of no effect.</p><p style="text-align: justify">b. An order setting aside the lease dated the 28th day of April, 1999…</p>

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