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ALBERT KWASI ZIGAR V. NATIONAL DEMOCRATIC CONGRESS (NDC) AND FIIFI FIAVI KWETEY

(2016) JELR 64472 (HC)

High Court  •  SUIT NO. GJ/ 39/2016  •  7 Jul 2016  •  Ghana

Coram
KWEKU T. ACKAAH-BOAFO

Appearances
JOHNSON NORMESINU ESQ FOR SAMUEL CUDJOE THE DEFENDANTS/ APPLICANTS,EVANS DJIKUNU ESQ FOR THE PLAINTIFF/RESPONDENT

Judgement

MOTION TO DISMISS SUIT FOR LACK OF CAPACITY and DISCLOSING NO REASONABLE CAUSE OF ACTION

Introduction:

[1] This is a most unfortunate and regrettable internal political dispute which has culminated in the issuance of a writ of summons and the argument of the instant application before this Court. A political family is being torn apart over alleged issues of discrimination and unfair treatment. The Defendants/Applicants herein are praying that the Plaintiffs’ pleadings be struck out and the Writ of Summons and Statement of Claim be set aside under the rules of Court and the inherent jurisdiction of the court on grounds of lack of capacity and in the alternative for disclosing no reasonable cause of action.

Background:

[2] It recalls that on the 13th day of January, 2016 the Plaintiff commenced this instant action by issuing a writ of summons against the Defendants herein endorsed with the reliefs set out here below:

a. A Declaration that his disqualification from contesting the parliamentar…

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