Ratio DecidendiRatio Decidendi



CASA TRASACCO
V.
CONATI FRANCESHETTI

(2017) JELR 69749 (HC)    
High Court  ·  SUIT NO. CM/RPC/0684/16 ·  2 Nov 2017 ·  Ghana
CORAM
GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT

Ratio Decidendi

Core Terms Beta
jurisdiction
court
defendant
writ
order
applicant
plaintiff
rule
statement of claim
respondent
application
conditional appearance
writ of summons
counsel
instant case
cause of action
c.i47
courts act
ghanaian courts
grant of leave
high court’s jurisdiction
affected party
brief summary of the case
case of signal oil
case of the applicant
core issue
economic tort of unfair trade practice
e-mail communication
following reliefs
general damages of usd
inherent jurisdiction of the court
issues
judicial authority
main contention of the applicant
mere fact
notice of a writ
order of the court
present suit
respect of the breach of a contract
said leave
set aside
staff of the plaintiff
unlikely event
whole subject-matter of the action

KOOMSON, J.

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…

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