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GABRIEL KWASI DZAKA & ANOR
V.
ROWLAND ANGELO ADUKWOE & 2 0RS

(2023) JELR 112044 (HC)

High Court 20 Jan 2023 Ghana
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- Defendant/Applicant sought to set aside the Plaintiff/Respondent’s Amended Writ of Summons and Statement of Claim, and to strike out the Plaintiff/Respondent’s Application for Interlocutory Injunction, alleging abuse of court process and

Case Details

Suit Number:E1/051/2022
Judges:RITA AGYEMAN-BUDU (MRS), J
Counsel:CAP.RTD. NKRABEAH EFFAH-DARTEY WITH MR. FRANCIS APPIAH FOR THE PLAINTIFFS/RESPONDENTS MR. RICHMOND NUMBO SAAKA FOR THE DEFENDANTS/APPLICANTS
Location:Accra

RULING

I have before me a two-fold Application filed by Defendant/Applicant for an Order to set aside Plaintiffs/Respondents Amended Writ of Summons and Statement of Claim as well as to strike out Plaintiffs/Respondents Application for Interlocutory Injunction.

This was filed for and on behalf of Defendants/Applicants by their Counsel. The main stay of this Application as deposed to in the Affidavit in Support is that; Plaintiffs/Respondents Writ of Summons and its attendant Statement of Claim is an abuse of Court process and also not in conformity with the rules of Court and so ought to be struck out.

Then also, Plaintiffs/Respondents Application for Interlocutory Injunction is a repeat Application of an earlier one which has been determined by this Court differently constituted. Ruling of the Court is exhibited as Exhibit OS1.

In opposing this Application, Plaintiffs/Respondents contends that the Defendants/Applicants have stated in their Supporting Affidavit that the processes they (Pl…

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