Ratio DecidendiRatio Decidendi



FRANCIS TAWIAH AND AN OTHER
V.
GHANA HOME LOANS LTD

(2017) JELR 63782 (HC)    
High Court  ·  SUIT NO. GJ 872/2017 ·  24 Jul 2017 ·  Ghana
CORAM
ERIC K. BAFFOUR ESQ. JUSTICE OF THE HIGH COURT

Ratio Decidendi

Core Terms Beta
defendant
suit
judgment
court
plaintiff
order
rule
abuse of the process of the court
application
law
abuse of process
action
legal issues
suit no bfs
writ
abuse of the judicial process
application defendant claim
black’s law dictionary
civil procedure
commercial bank ghana ltd
dismissal of the suit
dotse jsc
earlier suit
effect of the writ
ghana home loans
given matter
grant of the loan
grounds of fraud
henderson v
high court
independent legal opinion
litigation arena
loss of valuable time
mandatory demand notice provision
mortgage action
mortgage transaction
notice of the mortgagors
public policy
reasons plaintiffs
second allegation
solicitors of defendant
special circumstances
stage of the proceedings
subject matter of litigation
support of his claim of fraud
support of the fraud allegation
support of the fraud allegations
trial court
unfounded use of some regular legal proceeding
wood

BAFFOUR, J.

It is provided under Order 11 rule 18(1)(b) and (d) of the High Court (Civil Procedure) Rules, 2004, C. I. 47 that:

“The Court may at any stage of the proceedings order any pleadings or anything in any pleadings to be struck out on the grounds that:
(b) it is scandalous, frivolous or vexatious or
(d) it is otherwise an abuse of the process of the Court”
And may order the action to be stayed or dismissed or judgment to be entered accordingly”.

Defendant has mounted this application under Order 11 rule 18(b) and (d) seeking an order for the dismissal of the suit on the grounds that the suit is vexatious and constitute an abuse of the judicial process. In the affidavit that accompanied the application defendant claim that in the writ filed by plaintiff they seek to set aside the judgment obtained by defendant in Suit No BFS/356/2014 on grounds of fraud. And the reasons plaintiffs provide in support of the fraud allegations is that in the grant of the loan to plaintiff/respondents h…

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