GABRIEL KWASI DZAKA & ANOR V. ROWLAND ANGELO ADUKWOE & 2 0RS
(2023) JELR 112044 (HC)
High Court
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E1/051/2022
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20 Jan 2023
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Ghana
Coram
RITA AGYEMAN-BUDU (MRS), J
Appearances
CAP.RTD. NKRABEAH EFFAH-DARTEY WITH MR. FRANCIS APPIAH FOR THE PLAINTIFFS/RESPONDENTS
MR. RICHMOND NUMBO SAAKA FOR THE DEFENDANTS/APPLICANTS
Judgement
<p class="ql-align-center"><strong>RULING</strong></p><p>I have before me a two-fold Application filed by Defendant/Applicant for an Order to set aside Plaintiffs/Respondents Amended Writ of Summons and Statement of Claim as well as to strike out Plaintiffs/Respondents Application for Interlocutory Injunction.</p><p>This was filed for and on behalf of Defendants/Applicants by their Counsel. The main stay of this Application as deposed to in the Affidavit in Support is that; Plaintiffs/Respondents Writ of Summons and its attendant Statement of Claim is an abuse of Court process and also not in conformity with the rules of Court and so ought to be struck out.</p><p>Then also, Plaintiffs/Respondents Application for Interlocutory Injunction is a repeat Application of an earlier one which has been determined by this Court differently constituted. Ruling of the Court is exhibited as Exhibit OS1.</p><p>In opposing this Application, Plaintiffs/Respondents contends that the Defendants/Applicants have stated in their Supporting Affidavit that the processes they (Pl…</p>