SATYAVATHI SACKEY VS IGS FINANCIAL SERVICES & ANOR
October 22, 2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JANE HARRIET AKWELEY QUAYE (MRS.)
Areas of Law
- Civil Procedure
October 22, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
Her Ladyship Jane Harriet Akweley Quaye of the Ghana High Court ruled on an interlocutory application by the defendants to set aside the plaintiff’s amended writ of summons and statement of claim filed out of time. After hearing defense counsel and reviewing the supporting documents, the court noted that the plaintiff and her counsel were absent and had not filed any process. Emphasizing the case-management objectives of Order 1 Rule 2 of C.I. 47, the court deemed the timing issue a non-substantive defect and, to avoid wasting time, refused to strike out the amended processes. The court nonetheless sanctioned the plaintiff’s conduct by awarding costs of GHC 5,000.00 in favor of the defendants. The ruling balances procedural compliance with expeditious and fair disposal of cases under the High Court Civil Procedure Rules.
By Court: The Court has heard arguments by Counsel for Defendants on an application to set aside an amended Writ of Summons and Statement of Claim filed out of time. The Court has also perused the supporting documents. The Plaintiff and her Counsel are not in Court today and neither have they filed any process. However, in order not to waste time and in order to be able to achieve the goals of Order 1 Rule 2 of C.I. 47, and importantly also this not being a substantive defect, the Court will not strike out the amended processes. The Court will award costs of GHC 5,000.00 in favor of the Defendants against the Plaintiff.
(SGD.)
H/L JANE HARRIET AKWELEY QUAYE (MRS.)
R.A. (JUSTICE OF THE HIGH COURT)