MAJOR M. K. LOTSU (RTD) vs. THE HEAD OF NIKOITSE WE OF KLANAA LABADI

The applicant was served with the writ of summons accompanied with a statement of claim filed on the 4th October 2019. The gravamen of the applicants case is that in the said writ the defendant was described as the head of the Nikoitse We of Klanaa of Labadi, Labadi Accra. This prompted the present application to set aside the writ filed on the 4th of October, 2019. Brought under Order 9 Rule 8 (a) of CI 47. The applicant is saying that the defendant in the writ of summons is not the same as the person who was served with the writ of summons as the defendant. The applicant is called Nii Kotei Dzor I of house no. 203/3 La Nkwantanang, Accra. He describes himself as the head and lawful representative of the Nii Kotei We family of LA Nkwantanang family, Accra. Applicant says that they are not the same persons and that the head of the Nikoitse We of La was actually Nii Kotey Amli who is now deceased. The applicant is residing in La Nkwantanang which is in Madina whereas th...