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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

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.

RULING