[2023]DLCA16021 • February 23, 2023 • Court of Appeal
GUSTAV JOE FRIMPONG MANSO & OTHERS vs. ATTORNEY GENERAL & 1 OTHER
SUURBAAREH, JA This is an appeal against the ruling of the High Court, Kumasi, dated 10th August, 2020, in which the trial Court refused to set aside the Writ as having being filed without the requisite Statutory notice under Section 10 of the State Proceedings Act 1998, Act 555, and also for the action being statute barred. Whilst the Plaintiff/Respondents would be referred to henceforth as Respondents, the Defendants/Appellants will be called Appellants. Per their amended Notice of Interlocutory Appeal filed on 17th March, 2021, pursuant to leave granted on 12th March, 2021, the Appellants are complaining about the whole ruling on two grounds of appeal, to wit:- a. The learned Judge erred when she stated that she could not determine the issue of limitation on the basis of the affidavit evidence. b. The learned Judge erred when she ordered the Defendants to file their Statement of Defence having admitted that the cause of action accrued on the part of the Plaintiffs since 2010. ...