[2020]DLHC16442 • July 23, 2020 • High Court
SWISS WATCH COMPANY LIMITED vs. ANNIE LARNYO ARYITEY & 3 ORS And DOROTHY QUIST OSAE & 6 OTHERS vs. SAMUEL AMO TOBBIN, LAND REGISTRATION DIVISION
RULING Procedural history By a writ of summons issued on 24th March 2011, the plaintiff in the 1st suit claimed certain reliefs against the defendants. On the writ of summons and statement of claim, the plaintiff described itself as Swiss Watch Company Ltd. (Omega Tissot). All subsequent processes that have been filed by the plaintiff bear the said name of the plaintiff. All parties filed their necessary processes and directions were duly taken by the court differently constituted. At the directions stage, no issue was taken with respect to the plaintiff’s capacity or designation. Parties were asked to file their witness statements which they duly did. Trial in this suit commenced on 10th March 2020. The representative of the 1st plaintiff Mr. Mustapha Kalmoni testified on behalf of the plaintiff and he was extensively cross-examined by counsel for the defendants. When counsel for the defendants was cross-examining him, they raised issues with the name of the plaintiff and .....