Ratio DecidendiRatio Decidendi



OBAATANPA COMPANY LTD
V.
IDEAL CAPITAL PARTNERS LTD

(2017) JELR 69600 (HC)    
High Court  ·  SUIT NO. RPC/51/2015 ·  8 Feb 2017 ·  Ghana
CORAM
ERIC K. BAFFOUR ESQ. JUSTICE OF THE HIGH COURT

Ratio Decidendi

Core Terms Beta
defendant
order
plaintiff
account
accounts
court
claim
application
parties
applicant
civil procedure
cost
counter claim
gravamen of his claim
high court
party
account statements
action
affidavit
allegation of frustration of the contract
appearance
auditors
case of the defendant
claim of the plaintiff
complete independent action
consent of both parties
determinations
document
examination of the matters
further performance of his obligations
grant of the application
grant of the prayer
hearing of the application
matter
nature of the pleadings
necessary accounts
necessary documentations
order of accounts
outstanding indebtedness of the plaintiff
payments
preliminary question
propriety of the whole agreement
receipts
relation
relief b of the counter claim defendant
respondent
stage
such relief
taking of accounts
writ

BAFFOUR, J.

Defendant/Applicant seeks by this motion an order for accounts to be taken under Order 29 of the High Court (Civil Procedure) Rules, C.I 47. To defendant the nature of the pleadings so far filed makes the taking of accounts imperative as one the determinations to be made by the court is as to whether plaintiff was still indebted to the defendant.

Plaintiff/Respondent has resisted the application and contends that the gravamen of his claim before the court is an allegation of frustration of the contract and the grant of the application for accounts to be taken would not cure the frustrated contract that he alleges.

It is stated under Order 29 Rule 1 of the High Court (Civil Procedure) Rules as follows:

1. (1) Where a writ indorsed with a claim includes a claim for an account or a claim which necessarily involves taking an account, the plaintiff may, at any time after the defendant has filed appearance or after the time limited for filing appearance apply for an order for accoun…
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