SIC INSURANCE CO. LTD.
V.
IVORY FINANCE CO. LTD. AND 4 OTHERS.

(2016) JELR 69638 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H2/185/2016 ·  15 Dec 2016 ·  Ghana
CORAM
KANYOKE J.A.-(PRESIDING), ACQUAYE J.A., DZAMEFE J.A.
Core Terms Beta
judgment of the commercial division of the high court
hearing counsel
plaintiff company
guarantee bond
background history of the case
managing director of the plaintiff company
statement of claim
companies act
case of the plaintiff
plaintiff
reasonable cause of action
defendants
ruling of the court
public company
second bond
facts of that case
no. bfs
issuance of guarantee bonds
managing director
consent judgment
high court judge
behalf of the plaintiff company
instant suit
abuse of process of court
trial judge
said bond
statement of defence
payment of this second guarantee bond
limited liability
breach of section
issue of fraud
high court
writ of summons
circumstances of the instant case
limited liability company
abuse of process
terms of settlement
basis of these claims
supreme court
interested party
modern signs ltd.

JUDGMENT

KANYOKE, J.A.: This is an appeal from the judgment of the Commercial Division of the High Court, Accra, dated the 17th day of April 2015 striking out the plaintiff/appellant’s (hereinafter referred to as the plaintiff) writ of summons and statement of claim on the ground that they disclosed no reasonable cause of action and also constituted an abuse of process. The defendants/respondents shall be referred to as the defendants. The plaintiff company which is dissatisfied with the decision has filed this appeal on the following three grounds of appeal:

i. The ruling of the court below is not supportable in law.

ii. The holding that the endorsement on the writ does not disclose any reasonable cause of action is frivolous, vexatious and an abuse of process of court is unsupportable in law.

iii. The trial judge’s order suo motu striking out the 3rd, 4th and 5th defendants from the writ is unsupportable.”

Background History Of The Case

The plaintiff is a limited liability public company …

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