EDC STOCKERS LIMITED vs. NANA AMOTO MENSAH

The High Court (Civil Procedure) Rules, 2004 provides per Order 11 rule 18 sub rule 1 (d) as follows: 1. “The Court may at any stage of the proceedings order any pleading or anything in any pleading to be struck out on the ground that d. It is otherwise an abuse of the process of the Court”. The defendant/applicant hereinafter called the defendant brings the present application under the rule quoted supra and requests the Court to strike out the claim of the plaintiff/respondent hereinafter called the plaintiff because to the defendant it is an abuse of the Court process in that the plaintiff had earlier on commenced a similar action or suit against the defendant by the issuance of a Writ of Summons and Statement of Claim with Suit No. IL/0013/2016 for the same reliefs endorsed on this present suit and that the said matter was set down for trial on the 25th day of October, 2017 but the plaintiff’s only witness did not turn up for the trial and the Court not bei...