GHANA GROWTH FUND LTD V. OBAAKWAA ENT. LTD AND 4 OTHERS

This is an application filed by the 3rd and 4th defendants/applicants praying for an order to strike out the names of 3rd and 4th defendants from the suit as parties. The contention of the 3rd and 4th defendants is that the entire pleadings and the writ of summons does not disclose any cause of action against 3rd and 4th defendant. The plaintiff/respondent opposes the application. Its contention is that the application is incurably weak as the plaintiff has pleaded that the 3rd and 4th defendants are personal guarantors to the facility that was granted to the 1st defendant.

I have read the application and the supporting affidavit. I have also read the affidavit in opposition. Regard has been given to paragraph 9 of the statement of claim. It is my view that the plaintiff in paragraph 9 of the statement of claim has made sufficient pleadings connecting the 3rd and 4th defendants to the transaction that gave rise to the present action. In the said paragraph 9 of the statement of claim, i…