RULING ON MOTION ON NOTICE TO DISMISS WRIT OF SUMMONS AND STATEMENT OF CLAIM AS BEING AN ABUSE OF THE PROCESS OF THE COURT
The plaintiff instituted the present action against the defendants on 5th April 2017 claiming certain reliefs endorsed on the writ of summons. The plaintiff applied for interlocutory judgment in default of appearance the return date of which was 5th May 2017. The case was handed to my sister Justice Sittie to handle. On that day she drew counsel for plaintiff’s attention to the fact that the case had already been dealt with on a number of occasions and counsel should as such advise himself.
Looking through the record, her Ladyship Justice Sittie had on 5th July 2016 dismissed an action brought by the plaintiff against the 2nd defendant in respect of the same subject matter as an abuse of the court’s process. The said matter is Suit No. LD/0382/2016 Prophet Daniel Nkansah v. Sikaratu Obe. The said ruling has been exhibited by the defendant /applicant a…