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JOSEPHINE N. AGYARKO v. LYDIA ALHASSAN & Anor.

(2019) JELR 107309 (HC)

High Court  •  HR/019/2019  •  7 Jun 2019  •  Ghana

Coram
NICHOLAS M. C. ABODAKPI

Judgement

RULING

ABODAKPI, J.

1. On 12/02/2019, 1st Defendant filed a motion seeking an order to set aside the writ of summons and or strike out pleadings pursuant to the inherent jurisdiction of this Court and ORDER 11 Rule 1(a) (b) and (d) respectively.

The deposition in support has been made by Kwesi Fokuor-Benyin, and reasons could be found therein. The failure to apply and obtain Letters of Administration before taking the writ has been canvassed as the main reason. And also that the pleadings/case, discloses no cause of action and is scandalous, frivolous, vexatious and abuse of the process of the Court.

2. On 19/02/2019, Counsel for 2nd Defendant also filed a motion praying this Court to dismiss Plaintiff’s writ of summons and statement of claim. In support, the deposition of Elsie Gyan showed that, the jurisdiction of this Court has not been properly invoked.

Firstly the initiation of this action by a writ of summons instead of an application [as provided by ART 33 and ORDER 67] ha…

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