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BISMARK OSEI & ORS.
V.
MODEC GHANA LIMITED

(2016) JELR 107518 (HC)

High Court 26 Oct 2016 Ghana
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- The defendant/applicant is seeking to dismiss the plaintiff/respondents' suit on grounds of abuse of process. - The suit arises from an employment relationship that was severed, leading to an impasse and threat of strike action. - The par

Case Details

Suit Number:SUIT No. IL/00068/2016
Judges:HER LADYSHIP JUSTICE GIFTY DEKYEM (MRS)
Counsel:Joseph Bernard Ashalley ESQ for Defendant/Applicant; George Aborgah ESQ for Plaintiffs/Respondents.

JUDGMENT

DEKYEM (MRS), J.

Defendant/Applicant (hereinafter referred to as Applicant) moves the instant  motion for an order to dismiss Plaintiffs/Respondents’ (hereinafter referred to as Respondents) suit on grounds of abuse of process pursuant to Order 11 rule 18(1)  (d) of the High Court (Civil Procedure) Rules 2004 (CI 47). The said rule states that: 

Rule 18—Striking out Pleadings 

(1) The Court may at any stage of the proceedings order any pleading or  anything in any pleading to be struck out on the grounds that 

(d) it is otherwise an abuse of the process of the Court, and may order the action to be stayed or dismissed or judgment to be  entered accordingly. 

A background to the instant application would be useful. Parties were in an  employment relationship which was severed; following which there was an  impasse over a voluntary exit plan and threat of strike action by some employees. Parties were before the National Labour Commission (NLC) for the latter to  intervene. Following…

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