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JOSEPH BOAKYE DANQUAH V. PERSEUS MINING GHANA LTD

(2018) JELR 64657 (HC)

High Court  •  SUIT NO. OCC. 82/2015  •  30 Jul 2018  •  Ghana

Coram
DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT

Judgement

This ruling is in respect of an application to set aside the instant writ of summons and statement of claim and a further order to dismiss plaintiff’s case. The application is premised on Order 11 rule 18 (1) (d) of the High Court (Civil Procedure) Rules, 2004 (CI 47) and the inherent jurisdiction of the court.

Order 11 Rule 18 (1) (d) provides as follows:

“18. (1) The Court may at any stage of the proceedings order any pleading or anything in any pleading to be struck out on the grounds that (d) it is otherwise an abuse of the process of the Court and may order the action to be stayed or dismissed or judgment to be entered accordingly.”

The grounds of the Defendant/Applicant’s application are contained in the affidavit in support of the motion filed on 7/05/2018.

The Plaintiff/Respondent is opposed to the application and have demonstrated the grounds in the affidavit in opposition filed on 09/07/2018.

Both counsel for the defendant/applicant and plaintiff/respondent also filed their state…

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