HARRIET MORRISON (NEE BAAH) AND CHARLES CANTAMANTO BAAH (JNR) vs. REGISTERED TRUSTEES VICTORY BIBLE CHURCH AND OTHER

GBADEGBE JSC: This is an appeal from the decision of the Court of Appeal that reversed the decision of the trial High Court in the matter herein. By the decision of the trial court proceedings in the action herein were terminated summarily with the plaintiffs’ case being dismissed and judgment entered for the 1st defendant on its counterclaim. I have read the record of appeal in the matter herein and had regard to the respective briefs submitted to us by the parties through their counsel and in my thinking, the question for our decision today is whether in reversing the learned trial judge of the High Court, Accra, the learned Justices of the Court of Appeal correctly applied the settled principles of the court discernible from a collection of cases in applications brought under the rules of Court and the inherent jurisdiction to strike out pleadings and for stated reasons to either stay, dismiss, or enter judgment for a party to the proceedings in respect of which the object.....