[2011]DLCA5699 • December 7, 2011 • Court of Appeal
WESTERN HARDWOOD LTD. vs. GEORGE ABUSU MANTEY AND EBUSUAPANIN MADAM AMA YALEY
The Plaintiff, Western Hardwood Ltd., instituted an action against the Defendant, George Abusu Mantey, for general damages for trespass, perpetual injunction, and recovery of possession. The Co-Defendant, Ebusuapanin Madam Ama Yaley, was joined to the suit by the trial court on 12th March 2008. However, the Writ of Summons was not amended to include the Co-Defendant's name, and she did not enter appearance but filed a Statement of Defence and Counterclaim. The Plaintiff later amended the title of the suit pursuant to the joinder. The Co-Defendant appealed against the trial court's decision to set down certain issues for legal argument.
read moreDENNIS ADJEI, J.A. On 20th February, 2009, the Circuit Court Takoradi granted leave to the Co-Defendant/Appellant herein to appeal against its decision to set issues IV, V and VI contained in the application for Directions filed on 2nd December, 2008 down for legal argument. The Co-Defendant/Appellant filed his appeal against the ruling dated 20th February, 2008 and on 3rd March, 2009. The brief facts of the case are that the Plaintiff instituted an action against the Defendant for general damages for trespass, perpetual injunction and recovery of possession. On 4th March, 2008 the Co-Defendant herein applied to the court to be joined to the suit as Co-Defendant. On 12th March, 2008 the trial Circuit Court joined the Co-Defendant to the suit. The Writ of Summons was not amended, the Co-Defendant did not enter appearance but filed Statement of Defence. At the application for direction stage, the trial Judge set down three issues for legal argument. The Co-Defendant being dissatisfi...