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ENOCK KORANKYE SASU ADJEI & ANOR VS DORIS NYAME & ANOR

2019

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE NICHOLAS M.C. ABODAKPI J.

Areas of Law

  • Civil Procedure

AI Generated Summary

The High Court (MCG), per His Lordship Justice Nicholas M.C. Abodakpi, rejected a procedural challenge brought by the defendants. Relying on Order 81 Rule 2(a), the defendants argued that the writ filed on 27/03/2017 by an attorney for Ghanaian plaintiffs with ties to France violated Order 2 Rule 4(2) of C.I. 47/04 by failing to include a foreign address, and asserted the breach could not be waived or amended. Plaintiffs responded with prior written submissions from an injunction application (Exhibit JN1) and a Power of Attorney (Exhibit JN2), emphasizing their Ghanaian identity and permanent Ghana address, and that any omission was non‑fatal. Assessing the rule and precedent, including Standard Bank Offshore Trust Company Ltd v National Investment Bank & Ors and Hydrafoam Estates (GH) Ltd v Okine & Ors, the Court distinguished Standard Bank, found identity and residence sufficiently disclosed, held any defect cured by the statement of claim, dismissed the motion, and awarded costs.

RULING