[2011]DLCA7961December 7, 2011Court of Appeal

WESTERN HARDWOOD LTD. vs. GEORGE ABUSU MANTEY EBUSUAPANIN MADAM AMA YALEY

DENNIS 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 ...