MRS. GYAMPOH& 3 OTHERS vs. UNION SAVINGS AND LOAN CO. LTD.

The Plaintiffs/Applicants (hereinafter, the “Plaintiffs”) bring this application under Order 11 Rule 18(1) (a) of the High Court (Civil Procedure) Rules, 2004 (C.I 47) praying for an order to strike out the Statement of Defence and Counterclaim filed on behalf of the Defendant/Respondent (hereinafter, the “Defendant”) for failing to disclose a reasonable defence to the claim of the Plaintiffs and any reasonable cause of action in its counterclaim. The procedural background to this case in brief is as follows. On November 3, 2016, the Plaintiffs took out a Writ of Summons and Statement of Claim against the Defendant seeking the following reliefs: “a. An order to set aside the mortgage of the property. b. Damages of trespass c. Mesne profit of GH¢10,000.00 a month from July 2016 until the date that the property is discharged and possession given back to the Plaintiffs. d. General damages e. Costs including solicitors fees.” While the Defendant was yet to file its St...