[2023]DLHC16857June 8, 2023High Court

DANIEL KWOFIE vs. DR. GEORGE AKUFFO DAMPARE & 2 ORS

RULING 1] This is a motion on notice for an order to strike out the names of defendants/applicants as parties to the suit. The background to the instant application is that on 25th April 2023, the plaintiff caused his lawyer to issue a writ of summons against the defendants herein for a number of reliefs. 2] A notice of entry of conditional appearance was filed on behalf of the defendants on 6th February 2023 in addition to the instant motion to strike out defendant’s names as not being proper parties to the suit. 3] An affidavit in opposition to the instant motion was filed by counsel for the plaintiff respondent in respect of which counsel for the defendant filed a supplementary affidavit in support. 4] After hearing legal arguments from counsel on both sides and considering the affidavits filed, the court decides as follows; 5] Order 9 Rules 7(1) of the High Court (Civil Procedure) Rules, C.I 47, provides that: 7(1) A defendant may file conditional appearance. Order 9 Rule 8.....