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PASTOR LEON RICHARDSON V. NELSON KING

(2019) JELR 107326 (HC)

High Court  •  LD/739/2018  •  27 Feb 2019  •  Ghana

Coram
NICHOLAS M.C. ABODAKPI

Judgement

BY COURT: RULING

1. On 21/02/2018, Plaintiff took a writ of summons from the Registry this Court. The writ was accompanied by a statement of claim, which was subsequently amended and a reply as well, as shown by records of this Court.

The Defendant has filed a Notice of Appearance and defence in which a counter-claim has been indorsed.

Subsequently, this Court heard a motion on notice, filed on 07/11/2018 for an order dismissing Plaintiff’s suit for failure to provide/indorse, residential and occupational addresses, as required by the rules of Court. The application was opposed.

And on 27/11/2018, this Court, delivered its Ruling. This Court held that the failure to indorse residential and occupational addresses as provided for by ORDER 2 RULE 3(2) of the High Court Civil Procedure Rules, 2004, is an irregularity that is fundamental, and affects the jurisdiction of this Court.

Thereafter, a motion to set aside the said Ruling was also dismissed.

In effect, Plaintiff’s …

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