RULING OF THE COURT ON PRELIMINARY POINT OF LAW ON MOTION ON NOTICE BY DEFENDANT/APPLICANT/RESPONDENT TO SET ASIDE THE WRIT OF SUMMONS AND ALL SUBSIQUENT PROCESSES INCLUDING JUDGMENT
This ruling is in respect of a preliminary point of law raised by Counsel for the Plaintiff/Judgment/Creditor/Respondent (hereinafter referred as plaintiff) on a motion on notice filed by Defendant/Judgment/Debtor/Applicant (hereinafter referred to as the defendant) to set aside the writ of summons and all subsequent processes filed in the case including the final judgment of the court.
Before I proceed to deal with the arguments by counsel for the parties I deem it necessary to give account of the checked history of this case for better appreciation of this ruling.
On 13 day of March 2012, the Plaintiff issued a writ of summons against the defendant claiming the following reliefs:
a) “Declaration that the Plaintiff is the owner of H/NN BBE 146 Buipe, Gonja Central N/R by purchase.
b) Recovery of possess…