Kanyeh And Another Vrs, Owusu And Another (E13/29/2024) [2024] GHAHC 322 (27 May 2024)

Kanyeh And Another Vrs, Owusu And Another (E13/29/2024) [2024] GHAHC 322 (27 May 2024)

The affidavits in opposition are invalid as they were not sworn before the Commissioner for Oaths who endorsed them, violating mandatory statutory requirements under NRCD 6 and CI 47; such defects are fundamental and cannot be cured by Order 81.

Citation
Kanyeh And Another Vrs, Owusu And Another (E13/29/2024) [2024] GHAHC 322 (27 May 2024)
Parties
Plaintiff/applicant/respondent: Nana Akwasi Kanyeh; Plaintiff/applicant/respondent: Joseph Kwaku Pawi Ah; Defendant/respondent/applicant: Nana Owusu; Defendant/respondent/applicant: King Kojo; Defendant/respondent/applicant: Nana Mprah Besemuna
Court
ghahc
Jurisdiction
Ghana
Judgment Date
27 May 2024
Procedural Posture
Originating Motion on Notice / Ruling on Preliminary Legal Objection
Outcome
preliminary legal objection upheld
Legal Topics
Affidavit Validity, Preliminary Legal Objection, Statutory Compliance, Jurisdiction
Source Language
eng
Civil Procedure Affidavit Validity Preliminary Legal Objection Statutory Compliance Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Nana Akwasi Kanyeh

Plaintiff/applicant/respondent

Joseph Kwaku Pawi Ah

Plaintiff/applicant/respondent

Nana Owusu

Defendant/respondent/applicant

King Kojo

Defendant/respondent/applicant

Nana Mprah Besemuna

Defendant/respondent/applicant

Procedural Posture

Originating Motion on Notice / Ruling on Preliminary Legal Objection

Legal Issues

  1. 1 Whether the affidavit in opposition filed by respondents is valid under the Oaths Act, 1972 (NRCD 6) and CI 47
  2. 2 Whether the defect in the affidavit can be cured by Order 81 of CI 47

Ratio Decidendi

The affidavits in opposition are invalid as they were not sworn before the Commissioner for Oaths who endorsed them, violating mandatory statutory requirements under NRCD 6 and CI 47; such defects are fundamental and cannot be cured by Order 81.

Court Disposition

preliminary legal objection upheld

Orders

  • The two affidavits in opposition filed by respondents on 7/5/24 at 8.54 a.m. and 10.06 a.m. are struck out as incompetent.