[1975]DLCA383 • November 27, 1975 • Court of Appeal
EJURA FARMS (GHANA) LTD. AND ANOTHER vs. HARLLEY
The plaintiff, Ejura Farms (Ghana) Ltd., claimed that the defendants wrongfully deprived him of his five and a half per cent Government Stabilisation Stock valued at ¢30,000.00, which was offered as indemnity to the second defendant (a bank) who acted as guarantor for a contract between the first defendant and Aboasa Food Supplies Ltd. The plaintiff alleged that a subsequent agreement between the first defendant and Aboasa Food Supplies Ltd. was made without his knowledge or consent, leading to wrongful calling of the guarantee and conversion of his stock by the defendants. The plaintiff demanded a refund which was refused.
read moreJUDGMENT OF ANIN J.A. This is an appeal by the first defendants from the ruling of the Accra High Court dated 27 June 1974 dismissing a motion filed by them under Order 25, r. 4 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), and the court’s inherent jurisdiction praying for an order striking out the plaintiff’s writ of summons and statement of claim on the grounds that they are frivolous and vexatious and that they do not disclose any cause of action against them. Since the sole ground of appeal argued before us was that learned trial judge erred in holding in his said ruling that the writ of summons and statement of claim do in fact disclose a cause of action against the first defendants, it is necessary at the outset to set out fully the material pleadings in the action. By his writ of summons, the plaintiff herein claimed against both defendants the following reliefs: “(1) The plaintiff has suffered damage by the defendants wrongfully depriving the ...