Ahiney Vrs Iddrisu [2009] GHASC 17 (29 April 2009)

Ahiney Vrs Iddrisu [2009] GHASC 17 (29 April 2009)

The process titled 'Further Defence to Reply and Counterclaim' is unknown to the rules of civil procedure and cannot be validated by leave of court. All proceedings based on it are a nullity. The Court of Appeal was correct in setting aside the trial court's decision based on this void process.

Citation
[2009] GHASC 17
Parties
Plaintiff/appellant/respondent: Georgina Naa Ahiney Amartey; Defendant/respondent/appellant: Mrs. Winifred Iddrisu
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
29 April 2009
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Pleadings, Procedural Irregularity, Jurisdiction, Nullity of Process
Source Language
English
Civil Procedure Pleadings Procedural Irregularity Jurisdiction Nullity of Process

Case Brief

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Parties

Georgina Naa Ahiney Amartey

Plaintiff/appellant/respondent

Mrs. Winifred Iddrisu

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the process titled 'Further Defence to Reply and Counterclaim' filed on December 18, 2000 was warranted by the prevailing rules of civil procedure and could be validated by leave of court.

Ratio Decidendi

The process titled 'Further Defence to Reply and Counterclaim' is unknown to the rules of civil procedure and cannot be validated by leave of court. All proceedings based on it are a nullity. The Court of Appeal was correct in setting aside the trial court's decision based on this void process.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the Court of Appeal dated November 24, 2006 affirmed