[2019]DLHC6907 • March 14, 2019 • High Court
WEST BLUE GHANA LTD vs. GHANA LINK NETWORK SERVICES LTD AND 3 OTHERS
The plaintiff, West Blue Ghana Ltd, initiated two separate suits against related parties. The first suit (GJ 1195/18) involved a breach of a non-competition agreement by Ben Blay, a consultant, and alleged contractual breaches related to the development of a national single window system for the Government of Ghana. The second suit (CM/0320/2019) involved allegations of copyright infringement against Ghana Link Network Services Ltd and others, claiming unauthorized use and cloning of plaintiff's software systems (One View, Trade Hub, PAARS) in the defendants' Ghana Trade Portal and UNIPASS system. The defendants contended that the second suit was an abuse of court process as it related to the same subject matter as the first suit.
read moreIt is provided under Order 11 rule 18(1)(b) and (d) of the High Court (Civil Procedure) Rules, 2004, C. I. 47 that: “The Court may at any stage of the proceedings order any pleadings or anything in any pleadings to be struck out on the grounds that: (b) it is scandalous, frivolous or vexatious or (d) it is otherwise an abuse of the process of the Court” And may order the action to be stayed or dismissed or judgment to be entered accordingly”. 1st, 2nd and 4th Defendants claim to have anchored their application under the provisions supra wherein they seek to set aside and or strike out the writ issued by the Plaintiff on the 23rd of January, 2019. The basis of the claim of the Defendants/Applicants has been stated in the affidavits that have been deposed to in support of the application and may be stated as follows: That Plaintiff caused to be issued a writ in Suit No GJ 1195/18 where the 1st Defendant herein is the 2nd Defendant in that suit and the action in the s...