In this application, the Defendant/Applicant prays the Court for an Order discharging the Order to serve the Writ of Summons outside the jurisdiction and also to set aside the Writ under Order 9 rule 8 co C.I. 47 and or under the inherent jurisdiction of the Court.
The main contention of the applicant is that the Ghanaian courts do not have jurisdiction to hear the present suit.
A brief summary of the case before me is that, on the 19th October, 2016, the plaintiff issued a Writ of Summons against the defendant asking for the following reliefs:-
a. General damages of USD 1,000,000.00 or its cedi equivalent for loss of business profit and good will.
b. Interest on USD 1,000,000.00 or its cedi equivalent, from August 10, 2016, at the prevailing Commercial Bank lending rate up to and inclusive of date of final payment.
c. Costs including lawyers’ fees assessed at 25% of the claim adjudged by the court.
The defendant entered a conditional appearance and is seeking the Order of the Co…