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RAPHAEL CUBAGEE V. ATTORNEY GENERAL AND 3 OTHERS JACOB AGONGO

(2019) JELR 64335 (CA)

Court of Appeal  •  SUIT NO. H1/39/20 19  •  30 Jul 2019  •  Ghana

Coram
MARIAMA OWUSU J.A. (PRESIDING), DZAMEFE J. A., WELBOURNE (MRS) J. A.

Judgement

WELBOURNE, JA

This instant action is an appeal against the ruling or decision of the High Court Sunyani, delivered on the 5th day of November, 2018.

By the said ruling, the learned trial Judge stated as follows:-

“In view of the fact that the affidavit ought to have been commissioned by the Registrar and which was not done, I will take it that it was a mistake from the Registry especially taking into account that the Registrar subsequently commissioned Plaintiff’s copy. In the circumstance I will accept the affidavit and hold that it is hereby regularized. I do so taking into account that no useful purposes will be served if it is struck out only for the Claimant to come back, which will only work to further delay the hearing of the matter. The order for the Claimant to file the Writ stands.”

Aggrieved by this ruling the Plaintiff has appealed to this Honourable Court on the grounds set out below:

GROUNDS OF APPEAL

i. That the Claimant and his lawyer, Charles Bawaduah Esq. did not address t…

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