W.O.1. (RTD) KINGSLEY OWUSU V. KOFI KWABIA AGYEKUM & 2 ORS.
(2019) JELR 107450 (HC)
High Court
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LD/0710/2017
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19 Feb 2019
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Ghana
Coram
NICHOLAS M.C. ABODAKPI
Appearances
ESI PRAH ENNIN, ESQ. FOR DEFENDANT PRESENT
BRIGHT AKWETEY, ESQ. FOR THE PLAINTIFF ABSENT
Judgement
<p> </p><p> </p><p>BY COURT: RULING </p><p>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. </p><p>The relevant rule of Court under which this application could be made is ORDER 11 Rule 1(8) (a). The Rule provides: </p><p>“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; </p><p>(a) It discloses no reasonable cause of action or defence.” </p><p>The section continues as follows: </p><p>“and may order the action to be stayed or dismissed or judgment to be entered accordingly.” </p><p>Sub-Rule 2 is relevant, and it is such that it must be read together with Rule 18(1) (a). </p><p>It reads: </p><p>“No evidence whatsoever shall be admissible on an application under Sub-Rule 1(a).” </p><p>I have perused the motion paper and it is compliant, w…</p>