SADAC BUILDERS LIMITED vs. DANIEL MARKWEI MAMAH AND GEDEON CHARWAY

Defendant through its lawyer filed a motion on Notice for an order of the court dismissing the suit on ground of estoppel per rem judicature, being statute barred and vexatious and abuse of court process based on Order 11 rule 18 a, b and c and on the inherent jurisdiction of the court. Parties filed written arguments. Based on the arguments the court has come to the decision that the whole application is incompetent. This is because it is not warranted by the rules. One must plead the defence of estoppel per rem judicature as well as the statute of limitation and set them down as issues for trial for the court to direct on the way the issues raised would be tried as a preliminary point of law for trial in the action. See the case of Infitco Company ltd vrs. Frigo Ltd suit no. J4/08/2019 dated 20th March, 2019 unreported. Application is therefore dismissed on that basis. Cost of GH¢2,000.00 against Defendant/Applicant