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SOLKROCK LIMITED V. ANGLOGOLD ASHANTI (GH) LTD. GOLD HOUSE KAWOKUDI – ACCRA

(2017) JELR 69608 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/50/2016  •  16 Feb 2017  •  Ghana

Coram
AYEBI J.A. (PRESIDING), TORKORNOO (MRS) J. A., DOMAKYAAREH (MRS) J. A.

Judgement

TORKORNOO (MRS), J.A.

The Plaintiff/Appellant in this suit commenced an action against the Defendant/Respondent. The Defendant/Respondent entered conditional appearance ‘through its lawyers’. ‘Counsel’ for Defendant then filed an application to set aside the writ on the ground that it was indorsed with a postal address, instead of a business address. In the affidavit in opposition to this application, the Managing Director of the Plaintiff company gave notice that he had been advised that the ‘purported application is incompetent and cannot properly invoke the jurisdiction of the court since it has no foundation to stand on’. He gave notice that his counsel would seek leave to raise a preliminary objection for the application to be dismissed.

This preliminary application was raised at the hearing of the application to set aside the writ. The objection which can be found on page 13 of the Record of Appeal is that the ‘person’ who entered conditional appearance for the Respondent is not a…

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