FRANCIS BILLY ACQUAH vs. FAUSTINA AGGREY AND SEKONDI TAKORADI METROPOLITAN ASSEMBLY

The 1st defendant/applicant herein per a motion on notice filed 14/06/18, prays for the dismissal or striking out of the instant suit mounted by the plaintiff/respondent principally on the ground that it is either frivolous or vexatious and or an abuse of the judicial process. It is the case of the applicant that the respondent had earlier mounted an action against the applicant at the Takoradi Circuit Court. The Circuit Court on 29/09/16 dismissed and awarded costs of Ghc1000.00 against the respondent. It has been deposed to in paragraph 6 of the supporting affidavit that the present suit is frivolous or an abuse of the legal process. Accordingly, the applicant invites the court to either dismiss or strike out the suit. Arguments in support of motion: Arguing the motion, learned Counsel for the applicant referred to the processes the respondent filed in the Circuit Court [Exhibits A, B & C] and submitted that in that case the respondent sued for a declaration of title,...