CECILIA ABA QUAINOO (M.R.S.) vs. GLORIA HANOO AND EDWIN BOATENG

JUDGMENT This ruling is in respect of an application filed by counsel for the defendants, hereinafter known as the applicant, praying the court to set aside the writ of summons filed by the plaintiff, hereinafter called the respondent and for any further orders as the court deems fit. Per the affidavit attached to the motion paper, the applicant informs the court that though the respondent's writ is seeking to set aside a judgment of the High Court, it has other reliefs attached to it, which amounts to re-litigating the case, which had already been determined. He stated that the writ is highly irregular, a nullity and sins against statute, and unknown to all rules of practice and procedure. He also submits that the writ is an abuse of the court process and must be dismissed. In his submission before the court, counsel for the applicant argued that the case travelled from the High Court to the Court of Appeal, but the respondent's father, who instituted the action and lost, di...