KANYOKE, J.A.: This is an appeal from the judgment of the Commercial Division of the High Court, Accra, dated the 17th day of April 2015 striking out the plaintiff/appellant’s (hereinafter referred to as the plaintiff) writ of summons and statement of claim on the ground that they disclosed no reasonable cause of action and also constituted an abuse of process. The defendants/respondents shall be referred to as the defendants. The plaintiff company which is dissatisfied with the decision has filed this appeal on the following three grounds of appeal:
i. The ruling of the court below is not supportable in law.
ii. The holding that the endorsement on the writ does not disclose any reasonable cause of action is frivolous, vexatious and an abuse of process of court is unsupportable in law.
iii. The trial judge’s order suo motu striking out the 3rd, 4th and 5th defendants from the writ is unsupportable.”
Background History Of The Case
The plaintiff is a limited liability public company …