[2016]DLCA4567 • March 22, 2016 • Court of Appeal
ANTHONY KUMAH vs. SUPI KAKRA
SAEED K. GYAN, J.A This is an appeal from the ruling of the Circuit Court, Takoradi, dated 3rd December, 2013. By the said ruling the Court, following an application by the Defendant/Respondent herein, dismissed the suit filed by the Plaintiff/Appellant on the ground that the action was an abuse of the Court process. Being dissatisfied with and aggrieved by the decision of the Court the Plaintiff on 11/12/2013 filed a notice of appeal against the Court’s said ruing. Three grounds of appeal were filed together with the customary indication that additional grounds would be filed upon receipt of the record of appeal. No further or additional grounds were filed and argued. The grounds of appeal filed are as follows: “(i) The Learned trial judge erred in law in assuming jurisdiction to determine the case when the judge whose judgment is being set aside is still at post at Takoradi. (ii) The striking out of the Plaintiff/Appellant’s writ of summons and statement of claim by th...