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EJURA FARMS (GHANA) LTD. AND ANOTHER V. HARLLEY

(1975) JELR 66541 (CA)

Court of Appeal  •  27 Nov 1975  •  Ghana

Coram
SOWAH J.A,ARCHER J.A,ANIN J.A.

Appearances
R. BANNERMAN FOR THE APPELLANTS; R. KORSAH FOR THE RESPONDENT.

Judgement

ANIN J.A.

This is an appeal by the first defendants from the ruling of the Accra High Court dated 27 June 1974 dismissing a motion filed by them under Order 25, r. 4 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), and the court’s inherent jurisdiction praying for an order striking out the plaintiff’s writ of summons and statement of claim on the grounds that they are frivolous and vexatious and that they do not disclose any cause of action against them. Since the sole ground of appeal argued before us was that learned trial judge erred in holding in his said ruling that the writ of summons and statement of claim do in fact disclose a cause of action against the first defendants, it is necessary at the outset to set out fully the material pleadings in the action.

By his writ of summons, the plaintiff herein claimed against both defendants the following reliefs:

“(1) The plaintiff has suffered damage by the defendants wrongfully depriving the plaintiff of his five and a half …

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