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TRADING MEDICAL SYSTEMS PRIVATE

(2019) JELR 64389 (CA)

Court of Appeal 4 Apr 2019 Ghana
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- The appellant's application to strike out the respondent's statement of claim was refused by the commercial division of the high court. - The appellant launched an appeal on the grounds that the trial judge erred in his decision. - The ap

Case Details

Suit Number:SUIT NO. H1/232/2018
Judges:P. K. GYAESAYOR J.A (PRESIDING), AVRIL LOVELACE-JOHNSON J.A, NICHOLAS CHARLES AGBEVOR J.A
Counsel:AHMED MUSAH FOR THE PLAINTIFF/RESPONDENT,BARBARA EWOENAM KUKAH FOR THE DEFENDANT/APPELLANT

JUDGMENT

AVRIL LOVELACE-JOHNSON JA

On 6th February 2018, the commercial division of the high court refused the appellant’s application to strike out the respondent’s statement of claim on the ground that it disclosed “no cause of action” against them.

It is this refusal that has caused the appellants to launch the present appeal on the following grounds

(a) That the learned High Court Judge erred when he held that he could not grant the application unless he saw the evidence Plaintiff intended to rely on in the trial

(b) That the learned High Court Judge erred when he held that he would not dwell so much on agency and its principles in determining the application.

They seek from this court a setting aside of the High Court’s ruling and an order striking out the statement of claim in question on the ground that it discloses no cause of action against them.

No additional grounds were filed.

Order 11 rule 18(1)(a) of CI 47 under which the application was brought states as follows

18. (1) The Cour…

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