Dansoman Sda Co-operative Credit Union Vrs Abigail Ofosu Dwamena [2023] GHACC 43 (25 July 2023)

Dansoman Sda Co-operative Credit Union Vrs Abigail Ofosu Dwamena [2023] GHACC 43 (25 July 2023)

The non-compliance with procedural rules by the plaintiff was irregular but not fatal; such irregularity is curable under Order 81 of C. I. 47 and does not warrant dismissal of the application.

Citation
[2023] GHACC 43
Parties
Plaintiff/respondent: Dansoman SDA Co-Operative Credit Union; Defendant/applicant: Abigail Ofosu Dwamena; Defendant/applicant: John Aggrey
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
25 July 2023
Procedural Posture
Civil / Ruling on Preliminary Legal Objection
Outcome
preliminary objection dismissed
Legal Topics
Amendment of Pleadings, Non Compliance With Procedural Rules, Effect of Irregularity
Source Language
English
Civil Procedure Amendment of Pleadings Non Compliance With Procedural Rules Effect of Irregularity

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Parties

Dansoman SDA Co-Operative Credit Union

Plaintiff/respondent

Abigail Ofosu Dwamena

Defendant/applicant

John Aggrey

Defendant/applicant

Procedural Posture

Civil / Ruling on Preliminary Legal Objection

Legal Issues

  1. 1 Whether pleadings have closed for leave to be sought to amend the Writ of Summons and Statement of Claim
  2. 2 Whether noncompliance with Order 20 Rule 14(3) of C. I. 47 can be cured by Order 81 of C. I. 47

Ratio Decidendi

The non-compliance with procedural rules by the plaintiff was irregular but not fatal; such irregularity is curable under Order 81 of C. I. 47 and does not warrant dismissal of the application.

Court Disposition

preliminary objection dismissed

Orders

  • preliminary legal objection dismissed