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SHAIBU DAUDA V. GOLAKS LIMITED AND ANOTHER

(2013) JELR 67954 (CA)

Court of Appeal  •  SUIT NO.: H1/12/2012  •  14 Feb 2013  •  Ghana

Coram
ASARE-KORANG J.A. (PRESIDING), ISAAC DUOSE J.A., I. C. DANQUAH (MISS) J

Judgement

DUOSE, JA:

The defendant/appellant in this interlocutory appeal seeks to challenge or test the propriety of a ruling and order of the High Court (Fast Track Division) dated 13th June 2011. In the ruling referred to, the High Court dismissed an application of the defendant/appellant for an order to dismiss the action of the plaintiff/respondent because the same was statute barred.

The facts or events leading to this appeal are simple and are as follows. After the parties had closed pleadings and issues were settled for trial, the defendant/appellant herein applied for and was granted leave to amend its defence. The subsequent amended statement of defence raised the plea in bar under Section 3(1) of the Limitations Act NRCD 54/72. The plaintiff/respondent failed to file a reply within time and accordingly applied for leave to file reply out of time on 5th April 2011. Prior to that event, the defendant/appellant had filed an application under the inherent jurisdiction of the High Court for…

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