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FRANCIS ANOKYE V. DOMINIC ANANE

(2019) JELR 63744 (HC)

High Court  •  SUIT NO. OCC 05/2019  •  22 Mar 2019  •  Ghana

Coram
HIS LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE

Judgement

Before me is an application for an order of the court to strike out the statement of defence of the defendant and for judgment to be entered for the plaintiff.

Counsel for the plaintiff/applicant contends that the defendant/respondent has put out a statement of defence which is entirely different from their case. According to counsel, the nature of the defence necessitated the filling of interrogatories in a bid to elicit further and better particulars from the defendant. Counsel submits that the defendant did not only file a belated response to the interrogatories but failed to answer some of the questions. In counsel’s estimation the answers provided were insufficient. Counsel cited Order 22 rule 6which gives the court the power to strike out the defence of a defendant and enter judgment in favour of a plaintiff if the defendant gives insufficient answers to the interrogatories. Counsel is therefore inviting the court to strike out the defendant’s defence as his belated response amou…

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