NANA FIANKO-ANSAH (AS HEAD OR REPRESENTATIVE OF A FAMILY FARMING SYNDICATE OF MAMPONG/AKUAPIM-EASTERN REGION) vs. NANA KYEI ABABIO II (BANSOHENE & 28 OTHERS)

This ruling concerns a motion on notice brought on behalf of the second defendant by his lawyer under Order 11 rule 18(b) and (d) of the High Court (Civil Procedure) Rules, 2004 (C.I.47), praying for an order to strike out plaintiff’s statement of claim on the grounds that it is frivolous, vexatious and an abuse of the process of Court. The provisions under which the application is filed are in the following terms: The Court may at any stage of the proceedings order any pleading or anything in any pleading to be struck out on the grounds that (b) it is scandalous, frivolous or vexatious; or (d) it is otherwise an abuse of the process of Court. By his amended writ of summons filed on 11th July, 2013, the plaintiff, who described himself as the head or representative of a family farming syndicate of Mampong-Akuapim in the Eastern Region claimed against the defendants jointly and severally: (i) An order of perpetual injunction restraining the Defendants by themselves, their a.....