WISSAM AID LABA V. RICHARD N. LABA AND OTHERS
(2018) JELR 66181 (HC)
High Court
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SUIT NO.CM/BDC/0244/17
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11 Jun 2018
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Ghana
Coram
HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT
Appearances
EUNAS KOFI ESHUN ESQ. FOR SAMUEL ADU BOAHEN ESQ FOR 1ST ,DEFENDANT/APPLICANT; AUGUSTINE KIDICIL ESQ FOR PLAINTIFF/RESPONDENT
Judgement
<h2 class="ql-align-center">RULING</h2><p><strong>BAFFOUR, J.</strong></p><p>This is a motion by the 1<sup>st</sup> Defendant/Applicant seeking an order for the dismissal or a stay of this proceedings on the grounds that the filing of a notice of discontinuance in Suit No CM/BDC/0750/2017 by the Plaintiff/Respondent was improper as to amount to an abuse of the process of the court.</p><p>A background to this application as recounted in the affidavit in support of this application will suffice to illume one’s appreciation of the application. In Suit No CM/BDC/0750/2017 between the same parties herein the Plaintiff/Respondent had sought certain reliefs against 1<sup>st</sup> Defendant/Applicant and the other Defendants in this suit regarding the directorship of 3<sup>rd</sup> Defendant company as well as a declaration that 1<sup>st</sup> Defendant/Applicant committed fraud. The court declined an application to dismiss that suit in my ruling dated the 25<sup>th</sup> of January, 2018, which has since become the subject of an interlocutory appeal before the Court of Appeal.</p><p>It is the contention of the 1<sup>st</sup> Def…</p>