EASTERN ALLOYS COMPANY LTD. V. SILVER STAR AUTO LTD.

JUDGMENT

SOWAH, J.A:

This is an appeal against the Ruling of the High Court Commercial Division dated 29^th May 2015 striking out the plaintiff’s writ of summons and statement of claim on the ground that they constituted an abuse of process. The plaintiff/appellant who is dissatisfied with that decision has filed this appeal. The Notice of Appeal dated 17^th June 2015 has the following two grounds of appeal:

1. The decision of the Court is not supported by the affidavit evidence on record.

2. The trial judge erred in striking out the Plaintiff’s suit.

For clarity and ease of reference, the plaintiff/appellant in this appeal who was the defendant in an earlier suit at the Commercial Court numbered RPC/268/07 will hereafter be referred to simply as the “appellant” whilst the defendant/respondent herein who was the plaintiff in the earlier suit will be called the “respondent”.

Background facts

The brief background facts are as follows:

On 10^th September 2007, the respondent filed a writ of summons…