KOFI DANKWAH & 10 ORS. vs. MRS ELSIE DIANA OKYNE

RULING This is a ruling in respect of Motion on Notice filed on 31st October 2014. The defendant Applicant is seeking an order to strike out this suit filed by the plaintiffs/respondents herein. Counsel for the defendant/applicant herein is coming under Order 11 rule 18 (1) (a) (b) and (d) of the High Court (Civil Procedure) Rules 2004 CI 47. The basis of the plea of the defendant/applicant can be found in paragraphs 3, 4, 7, 8, 10 of the affidavit in support filed on 31/10/14 as follows: “3. That the writ of summons and the statement of claim are not in consonance with the High Court Civil Procedure Rules CI 47. 4. That …this suit discloses no reasonable cause of action, it is frivolous and vexatious and it is an abuse of the process of the Court… 7. That by the plaintiffs own showing, they are asking this court to set aside the consent judgment in Suit N0.A9/202/08 and as l am advised…the principles applied in this area of law: (a) the plaintiff must establish that ther...