LITHUR BREW AND COMPANY vs. GHANA COCOA BOARD

The plaintiff in this case, Lithur Brew & Co, issued a writ of summons on the 7th day of August 2017 against the defendant claiming the: (a) Recovery of the sum of GH¢2,005,320.00 being legal fees owed by Defendants to Plaintiff. (b)Interest on the said sum of GH¢2,005,320.00 at the prevailing commercial banks lending rate from 20th February 2017 till date of final payment. (c) Costs (d)Further other or orders as this Honourable Court may deem fit. The defendant entered appearance and on the 27th day of November 2017, filed the motion the subject matter of this ruling for an order to "strike out writ of summons and statement of claim against the defendant for want of capacity as the writ is incompetent.” The motion is supported by an affidavit. The plaintiff is opposed to the application as shown by the affidavit in opposition. The main reason for the application is captured in paragraphs 6, 8 and 9 of the supporting affidavit which states that: 6. That by the Laws ...