AGVAD GHANA LTD. (PLAINTIFF/RESPONDENT) vs. TRADING MEDICAL SYSTEMS PRIVATE (DEFENDANT/APPELLANT)

AVRIL LOVELACE-JOHNSON (JA): On 6th February 2018, the commercial division of the high court refused the appellant’s application to strike out the respondent’s statement of claim on the ground that it disclosed “no cause of action” against them. It is this refusal that has caused the appellants to launch the present appeal on the following grounds (a) That the learned High Court Judge erred when he held that he could not grant the application unless he saw the evidence Plaintiff intended to rely on in the trial (b) That the learned High Court Judge erred when he held that he would not dwell so much on agency and its principles in determining the application. They seek from this court a setting aside of the High Court’s ruling and an order striking out the statement of claim in question on the ground that it discloses no cause of action against them. No additional grounds were filed. Order 11 rule 18(1)(a) of CI 47 under which the application was brought states as follo...