Appiah Vrs Apekoh [2022] GHADC 121 (6 December 2022)

Appiah Vrs Apekoh [2022] GHADC 121 (6 December 2022)

The plaintiff’s writ and statement of claim failed to disclose a substantive relief or reasonable cause of action, rendering the writ and all proceedings based on it a nullity. Accordingly, the claim is void and judgment is entered for the defendant.

Citation
[2022] GHADC 121
Parties
Plaintiff: Comfort Appiah; Defendant: Joseph Apekoh
Court
District Court
Jurisdiction
Ghana
Judgment Date
6 December 2022
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed; judgment for the defendant.
Legal Topics
Injunctions, Pleadings, Substantive Relief, Nullity of Proceedings
Source Language
English
Civil Procedure Land Law Injunctions Pleadings Substantive Relief Nullity of Proceedings

Case Brief

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Parties

Comfort Appiah

Plaintiff

Joseph Apekoh

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff's writ and statement of claim disclose a substantive relief or reasonable cause of action
  2. 2 Whether a writ claiming only an injunction without substantive relief is competent

Ratio Decidendi

The plaintiff’s writ and statement of claim failed to disclose a substantive relief or reasonable cause of action, rendering the writ and all proceedings based on it a nullity. Accordingly, the claim is void and judgment is entered for the defendant.

Court Disposition

Claim dismissed; judgment for the defendant.

Orders

  • Costs of GHc30,000.00 awarded against the plaintiff.