Lamptey Vrs Letsu and Another [2023] GHAHC 68 (3 July 2023)

Lamptey Vrs Letsu and Another [2023] GHAHC 68 (3 July 2023)

The omission of the Plaintiff's foreign address is not a fundamental defect; it is an irregularity that does not nullify the proceedings and can be cured by amendment. The Writ of Summons will not be set aside, but the Plaintiff is ordered to amend the Writ to include her address within seven days.

Citation
[2023] GHAHC 68
Parties
Plaintiff/respondent: Emelia Lamptey; 1st Defendant/applicant: Justice Kwasi Letsu; 2nd Defendant: Okpelor Sowah Din Family
Court
High Court
Jurisdiction
Ghana
Judgment Date
3 July 2023
Procedural Posture
Civil / Ruling on Motion to Set Aside Writ of Summons
Outcome
Application dismissed
Legal Topics
Non Disclosure of Address, Amendment of Pleadings, Effect of Procedural Irregularities
Source Language
English
Civil Procedure Non Disclosure of Address Amendment of Pleadings Effect of Procedural Irregularities

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Parties

Emelia Lamptey

Plaintiff/respondent

Justice Kwasi Letsu

1st Defendant/applicant

Okpelor Sowah Din Family

2nd Defendant

Procedural Posture

Civil / Ruling on Motion to Set Aside Writ of Summons

Legal Issues

  1. 1 Whether omission of Plaintiff's foreign address on the Writ of Summons renders the Writ incurably defective and void
  2. 2 Whether such omission can be cured by amendment under the rules

Ratio Decidendi

The omission of the Plaintiff's foreign address is not a fundamental defect; it is an irregularity that does not nullify the proceedings and can be cured by amendment. The Writ of Summons will not be set aside, but the Plaintiff is ordered to amend the Writ to include her address within seven days.

Court Disposition

Application dismissed

Orders

  • Plaintiff to amend the Writ of Summons to include her United States address within seven days
  • Plaintiff/Respondent to pay costs of GH¢1,000.00 to the 1st Defendant/Applicant