STEVE BRATHWAITE vs. ODOTOBIRI RURAL BANK & ANOTHER

IRENE C DANQUAH JA This Appeal emanates from the ruling of the High Court Commercial division, Kumasi dated 17th January, 2011. The Plaintiff issued a writ of summons against the defendants claiming jointly and severally fifteen reliefs. The Defendants resisted the action by filing a Conditional Appearance subsequently followed by a Motion on Notice for the following Orders; 1. Setting aside the Writ of Summons. 2. Setting aside reliefs (c ), (d), (k), (n) and (o) of the Writ of Summons or Alternatively 3. Order the 2nd Defendant to cease to be a party to the suit in terms of the Supporting Affidavit The Plaintiff on his part filed an affidavit to oppose the grant of the application. The Commercial Court heard Counsel for both parties and gave its ruling on 10th day of January, 2011 refusing to set the entire Writ aside. However the Plaintiff dissatisfied with the ruling appealed against same. For a better appreciation of this appeal, I find it pertinent to set out the relie...