CASA TRASACCO vs. CONATI FRANCESHETTE SRL

In this application the defendant prays this court for an order striking out plaintiff’s pleading and to set aside the Writ of Summons. The contention of the defendant is that the writ of summons and the statement of claim disclose no reasonable cause of action against the defendant. A brief background to this application is that on the 19th October, 2016, plaintiff issued a writ of summons asking for the following reliefs: 1. General damages of USD 1,000,000.00 or its cedi equivalent for loss of business profit and goodwill. 2. Interest on USD 1,000,000.00 or its cedi equivalent from August, 2016, at the prevailing Commercial Bank lending rate up to and inclusive of date of final payment. 3. Costs including lawyers’ fees assessed at 25% of the claim adjudged by the court. The writ of summons was accompanied with a 12 paragraphed statement of claim. On the 3rd November, 2016 the defendant through its solicitors entered a conditional appearance. Then on the 29th November...