[2018]DLHC9240 • April 25, 2018 • High Court
EBENEZER ACQUAH vs. MAAME ESI KWOFIE AND ISAAC BEN ACQUAH
Before me this morning for judicial consideration are 2 applications. The first, is a motion for an order to dismiss/strike out suit under Order 11 r 18(1)(b)&(d) of CI 47and or under the court’s Inherent jurisdiction. The second, is an application for order an striking out writ under Order 11 r 18(1)(a) of CI 47. For lack of space and time, I shall combine both applications and consider them as one, so to speak, since both applications seek to speak to the same issue – dismissal of suit. Now, Order 11 r 18(1), the anchor sheet on which the instant application hinges, stipulates: “(1) The Court may at any stage of the proceedings order any pleading or anything in any pleading to be struck out on the grounds that: (a) it discloses no reasonable cause of action or defence; or (b) it is scandalous, frivolous or vexatious; or (c) it may prejudice, embarrass, or delay the fair trial of the action; or (d) it is otherwise an abuse of the process of the Cour...