REPUBLIC V. ACHEAMPONG ALIAS NANA NYAN IV; EX PARTE NANA AFFUL EFFRIM IV

SARKODEE J.: This court presided over by Francois J. during vacation granted the applicant leave to apply for an order of injunction in the nature of quo warranto directed to Isaac Annobil Acheampong, otherwise known as Nana Nyan IV, the respondent herein. The learned judge ordered notices to issue and fixed 17 October 1972 for the hearing of the application.

Pursuant to the leave granted the applicant filed the notices. Subsequently the respondent filed a summons asking that the order granting leave to the applicant on 6 September 1972 and all subsequent proceedings be set aside for irregularity on the grounds that:

“(a) Order 59, r. 4 (3) has not been complied with:

(b) the affidavits by Kofi Onyemualey sealed herein on 30 August 1972 and 13 September 1972, have not been endorsed in accordance with Order 38, r. 10;

(c) the purported statement filed on 13 September 1972 does not comply with Order 59, r. 2 (2);

(d) the purported statement served with the notice of motion on 13 September…