[2019]DLHC8910June 8, 2019High Court

ADWOA HARRIS WIAFE OR HIAWU BESEASE OBAAHEMAA AHENFIE AND JEMIMA PRAH vs. EMMANUEL SARFO WIAFE AND THE DEPUTY SHERIFF

It is provided for in Order 11 r. 18 of the High (Court Civil Procedure) Rules, 2004 (C.I. 47) as follows: “Striking out pleadings 18. (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 Court And may order the action to be stayed or dismissed or judgment to be entered accordingly. (2) No evidence whatsoever shall be admissible on an application under subrule (1)(a). The instant application which the parties to the suit have called upon the Court to adjudicate is a motion filed by the 1st Defendant/Applicant, who, going forward, I shall simply refer to as the Applicant, to strike out the pleadings of the Plaintiffs/Respondents or as referred to hereafter, Resp.....