[2016]DLCA4767 • October 18, 2016 • Court of Appeal
TSATSU TSIKATA vs. JUBILEE GHANA MV21 INC & 1 OR
This ruling is in respect of a Motion on Notice for Stay of Proceedings pending Appeal against Objection to Jurisdiction of the High Court. On 30th July, 2015, the High Court, Commercial Division, Accra, made an Order, granting the Plaintiff leave to issue the writ of summons and serve it out of the jurisdiction on the 1st and 2nd Defendants/Appellants/Applicants (“Defendants”). The Order was accordingly served on the said Defendants. The Defendants applied to the High Court to set aside the Order and the service of the Notice of the writ on them on the ground that on the basis of the facts before the Court, the Plaintiff/Respondent/Respondent’s (“Plaintiff”) case did not fall within Order 8 r 3(1) (h) and (i) of the High Court (Civil Procedure Rules 2004 (C.I.47), and that the Court had no jurisdiction to give leave to the Plaintiff to issue the writ and serve notice thereof out of the jurisdiction. On 26th April, 2016, the High Court declined the Defendants’ appl...