BOND SAVINGS AND LOANS LTD. vs. MARTINAS CO. LTD., ADJOA AGYEKUM AND DANIEL ADDO TAGOE

By the present application, the Defendants/Applicants (hereinafter, the “Applicants”) seek to strike out certain pleadings contained in the Statement of Claim of the Plaintiff/Respondent (hereafter referred to as “Respondent”) as being scandalous, frivolous, vexatious and an abuse of the court process pursuant to Order 11 Rule 18(1) (b) and (d) of the High Court (Civil Procedure) Rules, 2004 (C.I 47) and under the inherent jurisdiction of the Court. The procedural background to this case in brief is as follows. On September 4, 2018, the Respondent took out a Writ of Summons accompanied by a Statement of Claim in which it avers that on or about August 7, 2015, it granted the 1st Applicant, at its request, a loan facility of Four Million Five Hundred Thousand Ghana Cedis (GH¢4,500,000.00), to support the importation of finishing and fitting materials for the deluxe town-house project embarked on by the 1st Applicant. According to the Respondent, this facility was secured with...