W.O.1. (RTD) KINGSLEY OWUSU V. KOFI KWABIA AGYEKUM & 2 ORS.

BY COURT: RULING

The lawyer for 1st and 3rd Defendants, has filed this application under consideration on 19/11/2018. It is for an order striking out the pleadings or the statement of claim and for a further order dismissing the Plaintiff’s, suit against the Defendant’s for not disclosing reasonable cause of action.

The relevant rule of Court under which this application could be made is ORDER 11 Rule 1(8) (a). The Rule provides:

“The Court may at any stage of the proceedings order any pleading or anything in any pleading to be struck out on the grounds that;

(a) It discloses no reasonable cause of action or defence.”

The section continues as follows:

“and may order the action to be stayed or dismissed or judgment to be entered accordingly.”

Sub-Rule 2 is relevant, and it is such that it must be read together with Rule 18(1) (a).

It reads:

“No evidence whatsoever shall be admissible on an application under Sub-Rule 1(a).”

I have perused the motion paper and it is compliant, w…