judy.legal
Login Register

UNION MORTGAGE BANK LTD & ORS V. ALHAJI FATAU EL-AZIZ & 15 ORS

(2022) JELR 110023 (HC)

High Court  •  CM/BDC/0511/2021  •  25 Apr 2022  •  Ghana

Coram
FRANCIS OBIRI ‘J’.

Judgement

RULING 

This ruling is in respect of a motion on notice filed by the 2, 7 and 9 Defendants/Applicants (hereinafter referred to as the Applicants) on 14 May, 2021. The motion is praying the Court for an Order to strike out paragraphs 1-3 and 5 to 45 of the Plaintiffs (hereinafter called the Respondents) statement of claim. The basis of the Applicants prayer is that, the Respondents statement of claim is scandalous, frivolous and vexatious and an abuse of the process of the Court. The Applicants also prayed for the Respondents Writ to be dismissed on the grounds that it is an abuse of the Court process. The motion is supported by affidavit and exhibits.  I wish to quote the relevant paragraphs of the affidavit in support in this ruling.

3. That this action is misconceived, vexatious and an abuse of the processes of this Honourable  Court as 2 Plaintiff has raised the same issues, and which issues have been finally determined in another action entitled Kwame Charles Serbeh-Yiadom v. Stanbi…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login