[2023]DLCA16019 • May 24, 2023 • Court of Appeal
EUGENE ASANTE-KORANTENG vs. JULIANA BOATENG
YAW DARKO ASARE, JA This is an appeal against the Ruling delivered by the High Court, Kumasi dated the 22nd of February 2022 which upheld the Defendant/Applicant/Respondent’s application for an order to strike out the Plaintiff/Respondent/Appellant’s suit on grounds of abuse of due process under the provisions of Order 11 Rule 18 (1) (d) of the High Court (Civil Procedure) Rules, 2004 (C.I. 47). The Plaintiff/Respondent/Appellant (hereafter referred to as the Appellant) was the Plaintiff in an earlier suit numbered C4/08/19, before the District Court, held at Asokwa-Kumasi, whilst the Defendant/Applicant/Respondent (hereafter referred to as the Respondent), was the Defendant in the said suit. The claim in the earlier suit was for, inter alia, an order to eject the Defendant (Respondent herein) from Plaintiff’s (Appellant herein) H/No. 9, Block “A”, Tafo-Nhyiaeso and for recovery of possession. The Defendant (Respondent herein) on the other hand filed a defence, as well...