DEBORAH SEYRAM ADABLAH V. ERNEST KWASI NIMAKO & ANO

RULING

MOTION ON NOTICE TO STRIKE OUT PLEADINGS AND DISMISS ACTION

The 1st Defendant/ Applicant (hereinafter referred to as the Applicant) brought the application for an order to strike out the Plaintiff/Respondent (who shall be referred to simply as the Respondent) pleadings and to dismiss the suit for disclosing no reasonable cause of action.

The Applicant's motion is founded upon Order 11 rule 18(1) (a) of the High Court (Civil Procedure) Rules 2004 (C.I 47) which provided that "Striking out pleadings.

11r 18.TheCourt may at any stage of the proceedings orrler any pleadings  or anylhing in any pleadings  to be struck out on the grounds that:

(a)   it discloses no reasonable cause of action or defense..

(b)   it is scandalous, frivolous or

(c)   it may prejudice, embarrass or delay the fair trial of the action 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.

(2) No evidence whatsoever shall…