[2023]DLHC18237 • October 30, 2023 • High Court
CIRCUS OIL SERVICES LIMITED vs. UNIQUE INSURANCE COMPANY LTD AND RODO OIL LIMITED
RULING The 1st Defendant/ Applicant (herein after called “Applicant) filed a Motion to Set Aside Plaintiff’s Writ of Summons and Statement of claim pursuant to the Inherent Jurisdiction of the court dated 6th June 2023 with a 11-paragraph Affidavit in support. The Applicant contends that it instituted a lawsuit titled UNIQUE INSURANCE COMPANY LTD VRS RODO OIL LTD & CIRRUS OIL SERVICES LTD numbered GJ/0002/2023 pending before this same High Court differently constituted. That after the Plaintiff/Respondent (hereinafter called “Respondent”) entered Conditional Appearance through its lawyer, it filed its Statement of Defence and Counterclaim on 27th March 2023 and prayed for the following reliefs: a) Recovery of the Sum of Nineteen Million, Four Hundred and Fifty Thousand, Seven Hundred and Forty Ghana Cedid, Fifty Pesewas (Ghc19,450.50). b) Interest on the said sum at the Commercial Bank interest rate from 31st December 2022 till date of final payment. c) Damages for breac...