BERTHA BOATENG BEITZEL vs. THOMAS ANTWI

The Plaintiff herein who issued out a writ of summons and statement of claim per her Lawful Attorney for the recovery of the sum of GH¢ 10,000.00 had her claim struck out for failing to file her witness statement despite an extension of time granted for her to do so. The background facts are that the Plaintiff allegedly invested in the Defendant/Counterclaimant's School in Cash and in kind. The name of the school in issue was given as Modern Star Preparatory School situate at Adawomase. Subsequently, the joint venture fell apart and the matters arising have culminated in the instant case. It is provided under Order 12 rule 4(1) of the High Court (Civil Procedure) Rules, 2004 C.I. 47 as follows: " A counterclaim may be proceeded with although judgment is given for the Plaintiff in the action or the action is stayed, discontinued or dismissed." The independent nature of a counterclaim came up in the case of Yormewu v Awute (1987/88) 1 GLR 9. It was stated in holding (3) thus: "....