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NATHANIEL ANDERSON AGBOLESOO
V.
GREATER PLAN COMPANY LTD

(2025) JELR 114471 (HC)

High Court 12 Feb 2025 Ghana
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- Plaintiff commenced suit seeking declarations of title, damages for breach of contract, injunction, recovery of debt, and related reliefs concerning alleged failure by Defendants to deliver possession of land sold to Plaintiff and/or to r

Case Details

Suit Number:LD/0715/2024
Judges:HER LADYSHIP ADELAIDE ABUI KEDDEY J.
Counsel:IRENE MARIA ALLOTEY-ANNAN, ESQ., FOR PLAINTIFF/RESPONDENT EMMANUEL KENU, ESQ., HOLDING BRIEF FOR CHRISTOPHER KINGS, ESQ., FOR DEFENDANT/APPLICANT
Location:Accra

RULING

This ruling is in respect of a Motion on Notice to Dismiss Plaintiff’s Writ and Statement of Claim for Disclosing No Reasonable Cause of Action filed by the Defendants/Applicants (hereinafter called “The Applicants”) against the Plaintiff/Respondent (hereinafter called “The Respondent”). The instant application is dated 16th December 2024. 

The Respondent filed a 35-paragraph Affidavit in Opposition to the instant application on 8th January 2025 and is praying the Court to dismiss the instant application and award punitive cost in favour of the Plaintiff. 

ANALYSIS AND DECISION

Order 11 rule 18 (1) (a) and 18 (2) of the High Court (Civil Procedure) Rules, 2004 (CI.47) states as follows:

(1) The Court may at any stage of the proceedings order any pleading or anything in any pleading to be struck out on the grounds that

(a) it discloses no reasonable cause of action or defence; and may order the action to be stayed or dismissed or judgment to be entered accordingly.

(2) No evidence what…

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