During the case management conference on 22nd June, 2018 before Her Ladyship Mrs. Justice Angelina Mensah-Homiah, an objection was raised by counsel for the plaintiff with regard to the propriety of a process filed for and on behalf of the 1st Defendant namely: “1ST DEFENDANT’S REPLY TO DEFENCE TO COUNTERCLAIM”. The said process was filed on 21st March, 2018. The basis of the objection was that the process was unknown to the rules of court and accepted practice. Consequently, that process is said to be void in law and the plaintiff is inviting the court to strike it out.
Legal Submissions
Counsel for the plaintiff submits that the only process that a defendant may file after a plaintiff has filed a Reply and Defence to Counterclaim is a “Rejoinder” and that must be filed with leave of the Court. He contends that the document filed by the 1st Defendant subsequent to the reply is not a Rejoinder. The document was also filed without the leave of the Court and these make that document void.…