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MICRO MOBILE LINKS LIMITED v. MILLICOM GHANA COMPANY LIMITED

2018

HIGH COURT

GHANA

CORAM

  • DR. RICHMOND OSEI-HWERE

Areas of Law

  • Civil Procedure

AI Generated Summary

The ruling addresses a preliminary legal objection raised by the plaintiff regarding the defendant's application to amend its statement of defense. The objection was based on the failure to specify the exact nature of the amendment, which allegedly violated Order 16 rule 11(2) of the High Court (Civil Procedure) Rules, 2004 (CI 47). The defendant argued that the details were in the proposed amended statement of defense and suggested that Order 81 could remedy any irregularity. The court, citing principles from cases such as Gurdial Singh vs. Raj Kumar Aneja and Kedar Nath & Ors. vs. Ram Parkash, found that the application did not meet the specific requirements of Order 16 rule 11(2) and that non-compliance affected jurisdiction, rendering the application incompetent.

RULING