OBOADE NOTSE KING V. CELEBRITY GOLF AND HOLIDAY RESORT LTD & ORS

JUDGMENT

DR. E. OWUSU-DAPAA, JA:

Introduction:

[1]. My Lords, the interlocutory appeal before us emanates from the Ruling of the High Court, Tema dated 25 August, 2022. Pertinent questions relating to procedural propriety in triggering the civil procedure rule  seeking to have matter dismissed for not disclosing reasonable cause of action as well as setting aside service writ of summons are presented in this appeal. Ordinarily speaking this is a well known area of practice and for that matter the interlocutory appeal ought not to unduly engage our attention. Nevertheless, the clumsy manner in which Counsel for Defendants/Appellants mounted the application at the court below necessitates a bit of nuanced exposition and critique as we seek to resolve this appeal.

Factual and Procedural Background

[2]. The Plaintiff, Oboade Notse King Prof. Odaifio Welentsi III (Paramount Chief of the Nungua Traditional Area), sued the Defendants, Celebrity Golf and Holiday Resort Ltd (1 Defendant) and Mr. Ro…