NIMONAT LIMITED
V.
THE ATTORNEY GENERAL’S DEPT. AND MINISTRY OF FINANCE

(2018) JELR 63714 (HC)    
High Court  ·  CIVIL APPEAL NO.CM/RPC/0892/2016 ·  30 May 2018 ·  Ghana
CORAM
SAMUEL K. A. ASIEDU JUSTICE OF THE HIGH COURT
Core Terms Beta
plaintiff
action
defendants
statement of claim
court
matter
writ of summons
high court
plaintiff’s cause
state
attorney general
attorney-general
attorney general’s department
plaintiff’s action
plaintiff’s claim
rule
simple contract
statute of limitation
writ
accrual of the cause of action
behalf of the defendants
cause of action
civil procedure
court holds
plaintiff’s writ
statement of defence
alleged contract
alleged contract sum
basis of legal issues
civil actions
civil proceedings
civil suits
critical perusal of the writ of summons
current suit
ghana cedis
human rights
legal action
legal defences
legal persons
main cause
notice of preliminary legal objection
outstanding debt
pendency of the case
preliminary legal argument
said paragraphs
summons
time of trial of questions
trial of the cause
way of preliminary legal argument

JUDGEMENT

On the 20th December 2016, the within named plaintiff issued a writ against the defendants herein claiming against them “an order for the recovery of (GH¢67,135.00) Sixty-seven thousand one hundred and thirty-five Ghana Cedis being the amount due and owing the plaintiff.” The writ was accompanied by a statement of claim.

An appearance was entered on behalf of the defendants who later, filed a statement of defence in which certain legal defences were raised to the plaintiff’s claim. On the 17th January 2018, the defendants filed a ‘Notice of Preliminary Legal Objection’ in which they prayed the court to set down for preliminary legal argument and also to dismiss the plaintiff’s writ of summons and statement of claim on the basis of legal issues raised in paragraphs 6, 8, 11 and 12 of the statement of defence. Indeed the said paragraphs state that:

6. The Defendant in further answer to paragraph 7 state that assuming the Defendants owed the Plaintiff, (which is denied), that debt…

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