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NYONKOPA COCOA BUYING COMPANY LIMITED
V.
UNICOM COMMODITIES COMPANY LIMITED

(2017) JELR 69753 (HC)

High Court 7 Apr 2017 Ghana
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- The defendant has filed an application to strike out the suit against them on the grounds that the statement of claim does not disclose a reasonable cause of action. - The plaintiff has filed a writ of summons seeking damages and an injun

Case Details

Suit Number:SUIT NO. OCC 52/2010
Judges:DR. RICHMOND OSEI-HWERE HIGH COURT JUDGE
Counsel:FRANK OTOO FOR PLAINTIFF/RESPONDENT ,KAMIL MOHAMMED IDDRISU FOR DEFENDANT/APPLICANT

RULING

OSEI-HWERE, J.

Before me is an application for an order of the court to strike out the suit against the Defendant/Applicant on the ground that the statement of claim discloses no reasonable cause of action against the Defendant. The application is premised on Order 11 rule 18 (1)(a) of the High Court Civil Procedure Rules, 2004 (CI 47).

On 17/02/2017, the Plaintiff/Respondent herein filed a writ of summons against the Defendant/Applicant for:

"1. An order for payment of GHC2,000.00 being special, general, exemplary and punitive damages against the Defendant Company for the Plaintiff Company for the malicious and deliberate act of misleading the police to cause the arrest, impounding and detention of a truck fully loaded with quantities of bags of cocoa beans graded, bagged, sealed and uniquely coded and specially way billed with Quality Control Certificate (QCC) in the Plaintiff Company's name which Defendant/Company's said malicious and deliberate act was conspicuously contrary to…

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