[2023]DLCA15124March 23, 2023Court of Appeal

ALBERT BADU OKUADJO & ANOR vs. GABRIEL KOKOU DAOSSRA & ORS

BARTELS-KODWO J.A Following an application by the 4th – 7th Defendants/Applicants praying the trial court for an Order to dismiss the instant action and or to strike out the Amended Writ of Summons dated 15th August, 2016 purporting to annex a Statement of Claim dated 29th May, 2015, the trial High Court granted same and set aside the Writ citing same to be defective because though the amended Writ had the names of all (7) seven Defendants, the attached Statement of Claim had only the names of (3) three of the defendants and was dated 29th May, 2015 as against the Amended Writ which was dated 15th August, 2016. Dissatisfied with that Ruling of the Court dated 28th February, 2019 the Plaintiffs/Appellants filed an amended Notice of Appeal dated 30th April, 2021, pursuant to a court order of 27th April, 2021 seeking to set aside the ruling and to have the suit restored to the record for trial. Their single ground of Appeal is that the Ruling is unwarranted by Order 4 of the High Cou.....