HFC BANK (GHANA) LIMITED. vs. GOLDA BARTELS MENSAH

Introduction: [1] As per Motion on Notice premised on Order 11 r 18(1)(a) of CI 47 and filed on 24/05/2017 by learned Counsel for and on behalf of the Defendant/Applicant herein, the Applicant seeks an order of this court: “…praying for an order to strike out the Plaintiff’s Writ of Summons and Statement of Claim on the grounds that the suit does not disclose any reasonable cause of action.” [2] It is instructive to note that Counsel filed only the motion paper without an accompanying affidavit pursuant to Order 11 Rule 18(1)(a). In moving the court for the grant of the application, learned Counsel for the Applicant has argued most strongly that the Plaintiff’s Statement of Claim discloses no reasonable cause of action against the Defendant. According to Counsel, on the face of the Plaintiff’s statement of claim it is admitted that the claim is statute barred. Arguments in Favour of the Motion: [3] Having referred the court to Order 11 Rule 18 (2) of C.I. 47, lear...