F.A GLOBAL ESTATE GHANA LTD. VRS ERIC OKOH TETTEH & 5 ORS. (civil case of 2022) [2022] GHACC 348 (10 October 2022)

F.A GLOBAL ESTATE GHANA LTD. VRS ERIC OKOH TETTEH & 5 ORS. (civil case of 2022) [2022] GHACC 348 (10 October 2022)

The misstatement of the section under which the application was brought is not grave enough to warrant striking out the application, as the court has jurisdiction under the correct section and the error is a mere irregularity. Leave to appeal is granted as the applicants have a right to seek redress and the court must ensure speedy and effective justice.

Citation
[2022] GHACC 348
Parties
Plaintiff/respondent: F. A Global Estate Ghana Ltd; Defendants/applicants: Eric Okoh Tetteh & 5 Others
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
10 October 2022
Case Number
civil case of 2022
Procedural Posture
Civil / Application for Leave to Appeal Interlocutory Ruling
Outcome
leave granted
Legal Topics
Leave to Appeal, Interlocutory Applications, Irregularity in Pleadings
Source Language
English
Civil Procedure Leave to Appeal Interlocutory Applications Irregularity in Pleadings

Case Brief

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Parties

F. A Global Estate Ghana Ltd

Plaintiff/respondent

Eric Okoh Tetteh & 5 Others

Defendants/applicants

Procedural Posture

Civil / Application for Leave to Appeal Interlocutory Ruling

Legal Issues

  1. 1 Whether misstatement of the section in the application warrants striking out the application
  2. 2 Whether leave should be granted to appeal against the interlocutory ruling

Ratio Decidendi

The misstatement of the section under which the application was brought is not grave enough to warrant striking out the application, as the court has jurisdiction under the correct section and the error is a mere irregularity. Leave to appeal is granted as the applicants have a right to seek redress and the court must ensure speedy and effective justice.

Court Disposition

leave granted

Orders

  • Leave to appeal against the ruling delivered on 7th July 2022 is granted.
  • Applicants must file and serve the appeal at the Court of Appeal within 21 working days from 10th October 2022, failing which the application will be deemed abandoned.