SILAS DAWOSRA vs MARMOPAINTS (GH) LTD., AKUA F. ADDO (MRS)

RULING On the 14th day of October, 2008, the plaintiff filed a writ together with a statement of claim seeking the reliefs indorsed on the writ against the defendants. After service of the writ and statement of claim on the defendants herein, they caused an appearance to be filed on their behalf and later a statement of defence and a counterclaim. The plaintiff then filed a reply and later an application for directions. When the application for directions came to be moved, counsel for the defendants applied to have all the averments contained in the reply together with the issues raised in the application for direction to be struck out. Counsel says that the reply is a complete departure from the statement of claim and so offends the rules of Court. Counsel says the issues raised in the application for directions flows from the reply which is a complete departure from the statement of claim. Counsel for the plaintiff says that the Reply is a direct response to the av...