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…