[1966]DLHC1660 • February 14, 1966 • High Court
BANK OF WEST AFRICA LTD. vs. HOLDBROOK
The plaintiff, Bank of West Africa Ltd., alleged that the defendant, Holdbrook, obtained a document dated 31 August 1962 by fraud and undue influence, and claimed damages for breach of contract, fraudulent misrepresentation, and deceit. The plaintiff sought to set aside the document and recover damages amounting to 84,000 cedis. The defendant applied to strike out the plaintiff's statement of claim and writ of summons on the grounds that they disclosed no reasonable cause of action and were frivolous and vexatious.
read moreJUDGMENT OF ARCHER J. This is an application by the defendants under Order 25, r. 4 of the Supreme [High] Court (Civil Procedure) Rules, 1954,1 for an order to strike out the plaintiff’s statement of claim and the writ of summons on the ground that “it discloses no reasonable cause of action and is frivolous and vexatious and that the defendants be at liberty to sign judgment for their costs of defence and this application.” Order 25, r. 4 reads: “The Court or a Judge may order any pleading to be struck out, on the ground that it discloses no reasonable cause of action or answer, and in any such case or in case of the action or defence being shown by the pleadings to be frivolous or vexatious, the Court or a Judge may order the action to be stayed or dismissed, or judgment to be entered accordingly, as may be just.” The endorsement on the plaintiff’s writ of summons reads: “(a) The plaintiff’s claim is for a document made on or about 31 August 1962 to be set aside ...