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ERIC NII ARYEE MENSAH & 3 ORS
V.
GEMARE GHANA LIMITED & ANOR

(2024) JELR 112812 (CA)

Court of Appeal 21 Nov 2024 Ghana
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- This is an appeal against the ruling of the High Court, Land Division, delivered on 29th July 2022. - The appeal stems from an application filed to strike out the Writ of Summons and dismiss the suit as an abuse of court process. - The Re

Case Details

Suit Number:SUIT NO: H1/163/2024
Judges:ANTHONY OPPONG, JA – PRESIDING CYRA P. KORANTENG, JA (MRS.) DR. ERNEST OWUSU-DAPAA, JA
Counsel:Gideon Amissah ESQ For Plaintiff/Respondent. Raphael Alijina ESQ For Defendant/Appellant.
Location:Accra

JUDGMENT

KORANTENG, J.A:

1.0 INTRODUCTION

This is an appeal against the ruling of the High Court, Land Division, presided over by His Lordship Justice Samuel Asare-Nyarko, delivered on 29th July 2022. This ruling can be found on page 154 of the ROA.  The Appellants filed the present appeal on 18th August 2022 after the dismissal of their application by the High Court, Accra. In this judgment, I will be referring to the Defendant/Appellant as “the Appellant” and the Plaintiff/Respondent as the “Respondent.”

This appeal stems from an application filed pursuant to Order 11, Rule 18(1)(d) of the High Court Civil Procedure Rules, 2004 which sought to strike out the Writ of Summons and dismiss the suit commenced by the Plaintiffs/ Respondents as being an abuse of the court process. Aggrieved by the ruling of the High Court, Accra, the Appellants have lodged the present appeal.

2.0. FACTS

2.1   On 9th November 2021, The Respondents initiated an action at the High Court against the Appellants in th…

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