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SAM JONAH V. RICHMOND AGGREY & 2 ORS.

(2010) JELR 64823 (CA)

Court of Appeal  •  CIVIL APPEAL NO.: HI/201/2010  •  25 Nov 2010  •  Ghana

Coram
A. ASARE-KORANG J.A. (PRESIDING), MARFUL-SAU J.A., ADUAMA-OSEI J.A

Judgement

ASARE KORANG, J.A.

This appeal is against the ruling of the Commercial Division of the High Court, Accra delivered on the 24th Day August, 2009, which dismissed the suit brought by the plaintiff/appellant against the 2nd and 3rd Defendants/Respondents.

In the application for an order dismissing the plaintiff/appellants suit brought under Order 11 rule 18(1) of the new High Court (Civil Procedure) Rules 2004, (C.I. 47), the 2nd and 3rd Defendants/Respondents alleged the following grounds:

“(i) Plaintiff’s suit discloses no reasonable cause of action against the 2nd and 3rd Defendants.
(ii) The suit brought against the 2nd and 3rd Defendants is frivolous and vexatious.
(iii) 2nd and 3rd Defendants have been improperly joined to the suit before this Honourable Court.
(iv) Plaintiff has no capacity to seek the relief claimed by him (plaintiff) against the 2nd and 3rd Defendants.
(v) 2nd and 3rd Defendants in terms of plaintiff’s cause of action are immune to the suit before this Honourable …

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