JORBIES TRANSPORT AND LOGISTICS vs. J. A PLANT POOL GHANA LTD

It is provided under Order 11 rule 18(1)(b) and (d) of the High Court (Civil Procedure) Rules, 2004, C. I. 47 that: “The Court may at any stage of the proceedings order any pleadings or anything in any pleadings 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 the Court” And may order the action to be stayed or dismissed or judgment to be entered accordingly”. 1st Defendant has mounted this application under Order 11 rule 18(b) & (d) seeking an order for the dismissal of the suit on the grounds that the suit is vexatious and constitutes an abuse of the judicial process. The basis of the claim of the Defendant/Applicant has been stated in the 22 paragraph affidavit in support of the application. There is unimpeachable evidence that the Plaintiff/Respondent was served with this application on the 19th of May, 2017. Yet when the due date of 29/05/17 came for the application to be...