[2025]DLCA17951 • January 23, 2025 • Court of Appeal
OBOADE NOTSE KING PROF. vs. CELEBRITY GOLF AND HOLIDAY RESORT LTD & ORS
The Plaintiff, Oboade Notse King Prof. Odaifio Welentsi III, Paramount Chief of the Nungua Traditional Area, sued the Defendants, Celebrity Golf and Holiday Resort Ltd and Mr. Robert Tandoh, alleging that the land on which the 1st Defendant operates belongs to the Nungua Stool. The Plaintiff seeks recovery of possession and injunctive relief against the Defendants' occupation of the land. The 2nd Defendant accepted service on behalf of the 1st Defendant. The Defendants filed a motion to strike out the writ for lack of capacity and no reasonable cause of action, and alternatively to set aside service of the writ. The High Court dismissed the motion and imposed costs on the Defendants.
read moreJUDGMENT DR. E. OWUSU-DAPAA, JA Introduction: [1]. My Lords, the interlocutory appeal before us emanates from the Ruling of the High Court, Tema dated 25th August, 2022. Pertinent questions relating to procedural propriety in triggering the civil procedure rule seeking to have matter dismissed for not disclosing reasonable cause of action as well as setting aside service writ of summons are presented in this appeal. Ordinarily speaking this is a well known area of practice and for that matter the interlocutory appeal ought not to unduly engage our attention. Nevertheless, the clumsy manner in which Counsel for Defendants/Appellants mounted the application at the court below necessitates a bit of nuanced exposition and critique as we seek to resolve this appeal. Factual and Procedural Background [2]. The Plaintiff, Oboade Notse King Prof. Odaifio Welentsi III (Paramount Chief of the Nungua Traditional Area), sued the Defendants, Celebrity Golf and Holiday Resort Ltd (1st Def...