ANSAH-TWUM J.: The plaintiff who claims to be the owner of the V.W. private car No. W.R. 9226, has instituted this action against the defendants, the owners of the tipper truck No. G.J. 4735, claiming damages for damage allegedly caused to the vehicle No. W.R. 9226, by driver Alfred Kofi Afful, the defendants’ servant or agent, who was at the material time in charge of the tipper truck No. G.J. 4735. The plaintiff claims that the accident involving both vehicles mentioned herein, and as a result of which his said vehicle was damaged, was caused solely through the fault of driver Afful.
The defendants who (entered a conditional appearance) having in their statement of defence denied liability, have pleaded further, in paragraph (5) of the statement of defence, as follows:
“At the summons for directions stage of the suit herein the defendants will make an application to this honourable court to strike out the writ of summons herein on the ground that it is bad in law in that the plaintiff…