ALKE GHANA LTD. V. PROTEUS CONSTRUCTION & MAINTENANCE LTD. AND STAR ASSURANCE COM. LTD.

RULING

BAFFOUR, J.

It is provided under Order 11 rule 18(1)(b) and (d) of the High Court (Civil Procedure) Rules, 2004, C. I. 47 that:

“The Court may at any stage of the proceedings order any pleadings or anything in any pleadings to be struck out on the grounds that:

(b) it is scandalous, frivolous or vexatious or

(d) it is otherwise an abuse of the process of the Court”

And may order the action to be stayed or dismissed or judgment to be entered accordingly”.

1^st Defendant has mounted this application under Order 11 rule 18(b) and (d) seeking an order for the dismissal of the suit on the grounds that the suit is vexatious and constitutes an abuse of the judicial process.

The basis of the claim of the Defendant/Applicant has been stated in the 23 paragraph of the affidavit in support of the application and may be summarized as follows:

The Defendant/Applicant commenced an action in suit No. AC 740/2015 against Alke and Turmarks JV in the High Court differently constituted. That the facts givi…