NATIONAL INVESTMENT BANK LTD vs AMOAH ENTERPRISE LIMITED, GEORGE DAMOAH AND EMMANUEL DAMOAH

RULING The applicants are asking this court to strike out the pleadings in Plaintiff’/Respondent’s Statement of Claim and to dismiss the action filed by Plaintiff on the 6th of August, 2014. They contend that this application filed on the 19th of October, 2015 is brought under Order 18 r 1 (b) and (d) and also under the Inherent Jurisdiction of the court. The grounds for the instant application are set out in the Applicant’s affidavit in support. Arguing in support of the motion, learned counsel for the Applicant rested his submissions mainly on the grounds that the action instituted in this court SUIT NO. BFS/218/14 (hereafter called the Commercial Suit) is entirely the same as another action, SUIT NO. INDL /55/11 (hereafter called the “Fast Track Suit”) currently pending at the Fast Track Division of this court in Accra. According to counsel for the Applicants, the said suit involves the same parties, concerns the same subject matter, with Plaintiff/Respondent seeking ...