WARD-BREW vs. GHANA BAR ASSOCIATION (NO. 2)

JUDGMENT OF OMARI-SASU J. This is an interlocutory application on notice by the plaintiff-applicant (hereinafter referred to as the applicant) for summary judgment against the defendant-respondents (hereinafter referred to as the respondents) on the ground that the respondents have no defence to the applicant’s claim. It must be observed that on 11 December 1989 the applicant issued out a writ of summons and a statement of claim against the respondents who entered a conditional appearance to the writ on 29 December 1989, and 24 January 1990, respectively. Subsequently, the respondents filed an interlocutory application in this court to seek the striking out of the applicant’s writ and statement of claim on the allegation that the action was vexatious and an abuse of the legal process of the court. In time, this application was heard and, by a ruling read on 20 August 1990: see Ghana Bar Association v Ward-Brew [1993-94] 2 GLR 509, this court refused to strike out the applican...