NII OKAI ARYEE GEORGE EDMOND YAWSON vs. THE MODERATOR & 6 ORS

RULING MOTION FOR DISMISSAL OF SUIT This court on 21/02/12 granted an application in part, in a motion for an order for the dismissal of this instant suit, to the extent that the Plaintiffs were to re-seal the writ and to substitute the Registered Trustees of the Trinity Theological Seminary for the defendants. The court then reserved its reasons for the Ruling for today. I now proceed to give my reasons. Traditionally, where a defendant seeks to set aside a writ or service of the writ on him he files a conditional appearance and proceeds to apply within 14 days after filing the conditional appearance for an order to set aside the writ or the service of the writ. See: Order 9 r 8 of CI 47. It is of interest that no conditional appearance was filed before the instant application was brought to court. Thus, when learned Counsel for the defendants/applicants was fixed with the question as to which provisions of the High Court rules under which he was proceeding he respo...