COMMISSIONER, CUSTOMS, EXCISE AND PREVENTIVE SERVICE AND ANOTHER vs. MAHOGANY FURNITURE LTD AND ANOTHER

JUDGEMENT Gbadegbe JA. This is an interlocutory appeal from the ruling of the High Court, Accra dismissing the several objections taken by the defendant-appellant (hereinafter referred to as the defendants) to the action of the plaintiff-respondent (hereinafter referred to as the plaintiff). It appears from the proceedings that both objections were based on Order 12, r 24 of the High Court (Civil Procedure) Rules, 1954 (LN 140A) which provides: “24. A defendant before appearing shall be at liberty, without obtaining an order to enter or entering a conditional appearance, to take out a summons or serve notice of motion to set aside the service upon him of the writ or of notice of the writ, or to discharge the order authorising such service.” It is important to state that the said provision has been decided upon in several cases as lawfully entitling an applicant to enter conditional appearance where he seeks to deny jurisdiction in the court or to raise an irregularity i...