NII ANKRAH AGYABENG & 2 ORS V. NII OKAI TAGOE & ANOR

RULING ON APPLICATION FOR DETERMINATION OF PRELIMINARY ISSUES AS SET DOWN FOR AN ORDER TO DISMISS PLAINTIFFS’ ACTION AS AN ABUSE OF THE COURT’S PROCESS PURSUANT TO ORDERS 11 RULE 18 & 33 RULES 3 & 5

The plaintiff instituted this action against the defendants for the reliefs endorsed on the Writ of Summons. Both defendants entered conditional appearance through their lawyers. They subsequently filed their defence and counterclaim. During directions, the court adopted the issues set out in the plaintiff’s application for direction and additional issues filed by the defendant. It is on these bases the 1st Defendant/Applicant has brought this instant application before this Court praying for leave to file for determination of issues 1(i) and 1(j) as set down by way of preliminary legal argument and consequent upon the determination for an order to dismiss the Plaintiff’s action as an abuse of the Court’s process pursuant to Orders 11 Rule 18 and Order 33 Rules 3 and 5.

According to the appl…