Ratio Decidendi



FRANCIS ANOKYE
V.
DOMINIC ANANE

(2019) JELR 63744 (HC)    
High Court  ·  SUIT NO. OCC 05/2019 ·  22 Mar 2019 ·  Ghana
CORAM
HIS LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE

Ratio Decidendi

Core Terms Beta
defendant
counsel
plaintiff
court
person
answers
rule
applicant
service
nana poku
order of the court
court process
good service
said nana poku
affidavit evidence
affidavits of service
agents of the lawyers
belated response
belated response amounts
claim of the plaintiff
clerk of her firm
considered pinion
counsel’s estimation
counsel’s submission
defence of a defendant
evidence act
favour of a plaintiff
filling of interrogatories
importance of this type of estoppel
insufficient answers
interrogatories document
law of agency
numerous occasions
office manager
office manager of her firm
palpable procedural breach
particular person
principal’s legal position
procedural lapse
professor g.h.l. fridman
respect of the unit price query
said office manager
said person
statement of defence
statement of defence of the defendant
substance of the defendant
such belief
summary judgment
violation of the order of the court
way affect

Before me is an application for an order of the court to strike out the statement of defence of the defendant and for judgment to be entered for the plaintiff.

Counsel for the plaintiff/applicant contends that the defendant/respondent has put out a statement of defence which is entirely different from their case. According to counsel, the nature of the defence necessitated the filling of interrogatories in a bid to elicit further and better particulars from the defendant. Counsel submits that the defendant did not only file a belated response to the interrogatories but failed to answer some of the questions. In counsel’s estimation the answers provided were insufficient. Counsel cited Order 22 rule 6 which gives the court the power to strike out the defence of a defendant and enter judgment in favour of a plaintiff if the defendant gives insufficient answers to the interrogatories. Counsel is therefore inviting the court to strike out the defendant’s defence as his belated response amo…

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