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TWUM-BARIMAH
V.
H. K. SANNIEZ & ANOR.

(2016) JELR 107337 (HC)

High Court 21 Jun 2016 Ghana
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- The applicants filed a motion to dismiss the suit on the grounds of illegalities, incompetence, and fraud. - The applicants argued that the plaintiff's lawyer did not have a valid annual solicitor's license when she issued the writ of sum

Case Details

Suit Number:HRC 46/10
Judges:DENNIS ADJEI, J.A.
Counsel:Mrs M. Y. N. Acheampong For The Plaintiff/Respondent Col. G. Y. Tsahey For The Defendant.
Location:Accra

RULING

I have heard both parties to the suit. I have carefully considered the pleadings and all the depositions contained in their respective affidavits. Security for costs is regulated by Order 24 of the High Court (Civil Procedure) Rules C.I. 47.

A court in determining an application for security for cost is enjoined by Order 24 Rule 1 to take into consideration the following factors;

1. Whether or not the Plaintiff is ordinarily resident outside Ghana,

2. The Plaintiff has not got address,

3. The Plaintiff’s address has been changed and other circumstances of the case which may persuade the Court to rule otherwise.

I have examined the circumstances of the case as well as the ground upon which such an application should be granted.

I am satisfied that the application is without merit as it fails to meet the conditions under Order 24 Rule 1 and same is hereby dismissed.

The court is not happy about the language contained in the affidavit in opposition. Affidavits should contain facts …

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