UNISECURITEIS GHANA LIMITED (IN OFFICIAL LIQUIDATION) V. PREMIER PORTFOLIO LTD

JUDGMENT

The instant decision will deal with the question whether or not the Plaintiff’s action against the Defendant is statute barred. This question was one of the issues arising out of the pleadings.

The background to this ruling is that the Court granted the Defendant’s application to determine the issue of limitation as a preliminary issue for trial, which was raised in paragraph 13A of the Defendant’s Amended Statement of Defence filed on 10th January, 2025.

The Court agreed with the Defendant that that since the issue of limitation of actions is potentially dispositive of an action, same ought to be determined first. The Court therefore set down the question of limitation of actions as a preliminary issue for trial pursuant to Order 33 rule 5 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) which provides as follows:

5. Where it appears to the Court that the decision of any question or issue arising in any cause or matter and tried separately from the main cause or matte…