HERITAGE & LEGACY MICROCREDIT CO. LTD V. FELIX OKOH & ANOR

JUDGMENT

BRIGHT MENSAH JA:

My Lords, the instant appeal is an invitation to us to determine whether the non-compliance by the plaintiff/respondent of Order 59 of the High Court [Civil Procedure] Rules, 2004 [CI 47] the defendants/appellants complained of, renders the suit incurably bad and subject to be dismissed or for disclosing no cause of action, the statement of claim be struck out.  The appeal is against the Ruling of the High Court, Accra [Commercial Division 3] delivered 19/02/2021 in respect of an application by the defendants/respondents praying for an order striking out plaintiff/ respondent’s pleadings “for disclosing no reasonable cause of action” or striking out the writ of summons.   

In a terse Ruling by the lower court, the learned trial judge had held:

“By court:

On 11th November 2020, the defendants/applicants filed motion on notice for an order striking out plaintiff’s pleadings for disclosing no reasonable cause of action pursuant to Order 11 rule 18, Order 59 of CI …