[2023]DLHC16866January 25, 2023High Court

GABRIEL KWASI DZAKA AND NII OKPELOR SOWAH ABLORH vs. ROWLAND ANGELO ADUKWOE & 2 0RS.

RULING I have before me a two-fold Application filed by Defendant/Applicant for an Order to set aside Plaintiffs/Respondents Amended Writ of Summons and Statement of Claim as well as to strike out Plaintiffs/Respondents Application for Interlocutory Injunction. This was filed for and on behalf of Defendants/Applicants by their Counsel. The main stay of this Application as deposed to in the Affidavit in Support is that; Plaintiffs/Respondents Writ of Summons and its attendant Statement of Claim is an abuse of Court process and also not in conformity with the rules of Court and so ought to be struck out. Then also, Plaintiffs/Respondents Application for Interlocutory Injunction is a repeat Application of an earlier one which has been determined by this Court differently constituted. Ruling of the Court is exhibited as Exhibit OS1. In opposing this Application, Plaintiffs/Respondents contends that the Defendants/Applicants have stated in their Supporting Affidavit that the pro...