[2007]DLCA7008 • February 23, 2007 • Court of Appeal
ERIC SAGOE vs. NANCY DADZIE & ANOR
MARFUL-SAU, J.A. This appeal poses legal questions, which renders the substantive matters in controversy irrelevant for now. The legal questions relates to the procedural steps indulged in at the High Court before the trial of this suit commenced. The action before the High Court, Sekondi was for a declaration of title to one room on the ground floor of House No. 5\6, New John Sarbah Road, Takoradi. After the service of the writ and statement of claim, the Defendant/Respondent hereinafter called Defendant filed her Statement of Defence on the 11th of July 2003. The record of appeal reveals that no summons for directions was filed and taken before hearing commenced on the 23rd November 2005. The Plaintiff closed his case and the Defendant opened her case on the 28th November 2005. The Plaintiff then on the 11th of January 2006, filed summons for directions to be heard on the 23rd of January 2006. The trial court heard the summons for directions on the 2nd of February 2006, ordered ...