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NYONKOPA COCOA BUYING COMPANY LIMITED V. UNICOM COMMODITIES COMPANY LIMITED

(2017) JELR 69753 (HC)

High Court  •  SUIT NO. OCC 52/2010  •  7 Apr 2017  •  Ghana

Coram
DR. RICHMOND OSEI-HWERE HIGH COURT JUDGE

Appearances
FRANK OTOO FOR PLAINTIFF/RESPONDENT ,KAMIL MOHAMMED IDDRISU FOR DEFENDANT/APPLICANT

Judgement

RULING

OSEI-HWERE, J.

Before me is an application for an order of the court to strike out the suit against the Defendant/Applicant on the ground that the statement of claim discloses no reasonable cause of action against the Defendant. The application is premised on Order 11 rule 18 (1)(a) of the High Court Civil Procedure Rules, 2004 (CI 47).

On 17/02/2017, the Plaintiff/Respondent herein filed a writ of summons against the Defendant/Applicant for:

"1. An order for payment of GHC2,000.00 being special, general, exemplary and punitive damages against the Defendant Company for the Plaintiff Company for the malicious and deliberate act of misleading the police to cause the arrest, impounding and detention of a truck fully loaded with quantities of bags of cocoa beans graded, bagged, sealed and uniquely coded and specially way billed with Quality Control Certificate (QCC) in the Plaintiff Company's name which Defendant/Company's said malicious and deliberate act was conspicuously contrary to…

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