Ratio Decidendi



NYONKOPA COCOA BUYING COMPANY LIMITED
V.
UNICOM COMMODITIES COMPANY LIMITED

(2017) JELR 69753 (HC)    
High Court  ·  SUIT NO. OCC 52/2010 ·  7 Apr 2017 ·  Ghana
CORAM
DR. RICHMOND OSEI-HWERE HIGH COURT JUDGE

Ratio Decidendi

Core Terms Beta
plaintiff
defendant
court
reasonable cause of action
application
cause of action
counsel
statement of claim
deliberate act
order
plaintiff company
defendant company
plaintiff company's name
quality control certificate
requirements
allegation of a statement
azu-crabbe c.j
best practices
case affidavit evidence
cost
costs of ghc
cursory look
detention of a truck
detention of the said truck
directive regulations
exact defamatory words
exceptional circumstances
first requirement
following acts of parliament
ghana cocoa board act
ghana muslims representative council
high court civil procedure rules
impounding of the plaintiff bags of cocoa beans
indemnity basis
legal principles
malicious prosecution
merits of the case
nutshell
order of perpetual injunction
order of the court
plaintiff’s statement
provisions of the said acts
punitive damages
quantities of bags of cocoa beans
said breaches
stage of the proceedings
statement of the statement of claim
writ of summons

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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