JUDGEMENT
SOWAH J.
This is an application for an order to strike out paragraphs 2 to 9 of the defendants' pleading and counter-claim on the grounds that they tend to prejudice, embarrass or delay a fair trial of the action.
Mr. Nii Odoi Annan, counsel for the defendants, raised a preliminary objection that the applicant ought to have brought this application soon after the defence was delivered, and before the pleadings closed, and that the delay in bringing this application was unreasonable, and therefore, the court should not entertain the application. In support of his contention, Mr. Nii Odoi Annan referred to the comments in the 1960 Annual Practice on this rule which state that such applications should be made promptly and before the close of the pleadings.
Dr. de Graft-Johnson was not able to give any reasonable explanation as to why he delayed in bringing this application except to state that the tactics adopted by the defence in filing a full statement of defence with the entry …