[2016]DLCA7988April 28, 2016Court of Appeal

SWISS WATCH COMPANY LIMITED vs. ANNIE LARNYO ARYITEY (SUBSTITUTED BY CHARLES QUIST), ELLIOT ARYITEY, EDWIN ARYITEY AND SAMUEL AMO TOBIN

AGYEMANG JA: In this appeal against the judgment of the High Court, Accra (Human Rights Division), the plaintiff/appellant seeks the setting aside of the ruling of that court delivered on 30th of July 2015. The ruling, the subject of this appeal, followed an application by the 4th defendant for the plaintiff’s suit to be struck out in the exercise of the court’s powers to strike out pleadings or summarily dismiss a suit under Order 11 Rule 18(1) of the High Court (Civil Procedure) Rules 2004 CI 47. The said suit was brought against the first three defendants: a mother (now deceased) and her two sons - her lawful attorneys. The mother: the first defendant, was the sole surviving child of the late Reverend Samuel Saki Odonkor who acquired property described as House No. C1/3 Farrar Avenue Sobukwe Road, Adabraka, Accra. She survived her three siblings upon whom the property devolved: Grace Nene Kwansa, Nathaniel Kofi Odonkor, and Peter Philip Odonkor. Reverend Samuel Saki Odonkor ...