RITA ABBAN vs. JOSEPH ABBAN & 2 OTHERS

ADJEI, J.A. On 31st May, 2017, the High Court Accra dismissed an application filed by the Plaintiff/Applicant/Appellant herein to appoint Receiver/Manager to manage the investment, rent and other accruals to the subject matter of the dispute pending the final determination of the matter before that court. The Plaintiff/Appellant dissatisfied with the ruling applied for review under Order 42 of the High Court (Civil Procedure) Rules, C.I. 47. The trial High Court Judge heard the application for review and dismissed same on 31st July, 2017. The Plaintiff aggrieved and dissatisfied with the ruling filed an interlocutory appeal against same on 18th August, 2018. The Appeal contains two main grounds of appeal and they are as follows” “i. The ruling is against the weight of affidavit service ii. The learned Judge erred in law by wrongly exercising his discretion in favour of the defendants/respondents/respondents”. The Plaintiff did not appeal against the ruling which refused t...