Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

CHEZ MARIE LOU RESTAURANT v. EMMANUEL BOSSMAN and ANOTHERS

2012

COURT OF APPEAL

GHANA

CORAM

  • J. B. AKAMBA, J. A [PRESIDING]
  • K. A. ACQUAYE, J. A
  • A. M. DORDZIE (MRS), J.A

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

This is an interlocutory appeal from the High Court's ruling dismissing the plaintiff/appellant's application to strike out the defence of the 4th and 5th defendants (Randi Safi and Mirwen Safi). The plaintiff/appellant had taken a lease of House No. F 871 Oxford Street, Osu, Accra and claimed recovery of possession, damages for trespass, and perpetual injunction against the defendants. The 4th and 5th defendants were joined as next friends of the minor Padriag Orji Edward Mard, who was claimed to be the true owner of the property. The plaintiff/appellant argued that the 4th and 5th defendants had not complied with Order 5 rule 2(2) of C.I. 47, which requires filing of written consent and a certificate by the lawyer before acting as next friend. The trial judge found that compliance was a condition precedent but gave the defendants 14 days to comply rather than striking out their defence. The Court of Appeal dismissed the appeal, holding that the plaintiff/appellant had waived the irregularity by taking fresh steps (filing a reply to the defence and summons for directions) under Order 81 rule 2(b). The court affirmed the trial judge's exercise of discretion under Order 81 rule 1(2) to allow the defendants to comply with the procedural requirements.

JUDGMENT