[2007]DLCA7508 • March 27, 2007 • Court of Appeal
RICHMOND AGGREY (PLAINTIFF/RESPONDENT) vs INVESTCOM CONSORTIUM HOLDING SA & 2 ORS (DEFENDANT/APPLICANT)
The Plaintiff/Respondent issued a writ of summons against the Defendants, including the 2nd Defendant/Applicant and others, in the High Court Commercial Division, Accra. The 2nd Defendant/Applicant contended that the writ was issued without the required leave of the Court as mandated by Order 2 Rule 75 of CI 47, since two of the Defendants reside outside the jurisdiction. The Plaintiff/Respondent did not obtain leave before issuing the writ, leading to a motion to strike out the writ which was refused by the High Court.
read moreBY COURT The application before this court is for an order to stay proceedings in suit NO. ACC/3/06, now pending at the High Court (Commercial Division - Accra). The application has been brought to compel the High Court (Commercial Division) to suspend proceedings pending the determination of the Interlocutory Appeal against the ruling of the said Court dated the 20th October 2006. In the said ruling the Court below had refused Applicant's motion praying that the Plaintiff/Respondent writ be struck out for non-compliance with Order 2 rule 7(5) of CI 47. The matter in controversy in this application is the legal effect of non-compliance with Order 2 Rule 7(5) of CI 47. In these proceedings the 2nd Defendant/Applicant's complaint is that the writ of summons originating suit No. ACC 3/06 at the High Court was issued out of the court Registry without leave of the Court, in contravention of Order 2 Rule 7(5), because the 1st and 3rd Defendants as disclosed on the writ, are legal entitie...