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KAFAROV AGRA v. RIZAKHAN SULTANOV & VLADIMIR NABIEV

(2022) JELR 109788 (HC)

High Court  •  CM/BDC/0114/2022  •  21 Feb 2022  •  Ghana

Coram
HER LADYSHIP JANE HARRIET AKWELEY QYUAYE (MRS)

Judgement

Counsel for Defendants/Applicants: We have before you this morning an application  for an order to strike out the Plaintiffs Writ of Summons and Statement of Claim for  disclosing no reasonable cause of action Pursuant to Order 11 Rule 18 (l )(a) of C.1.47.  Firstly, it is our case that the Statement of Claim filed by the Plaintiff on the face of it  discloses no reasonable cause of action against the Defendants herein. It is our  submission that there is no contractual relationship or whatsoever between the  Plaintiff and the Defendants that made the Defendants liable for the consignment of  rice as stated by the Plaintiff in their Statement of Claim. The Plaintiff in their  Statement of Claim contends that the Defendants herein it legally took possession of  the rice and disposed of same. Respectfully, there is no basis or whatsoever for this  assertion and if indeed someone has actually taken possession of the rice belonging to  the Plaintiff, the Plaintiff had the right to report…

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