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TORGBUI DUNYO HODZI IV
V.
PUMA ENERGY DISTRIBUTION LTD

(2020) JELR 111029 (HC)

High Court 10 Dec 2020 Ghana
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- The court has the power to strike out a writ or any proceeding if they are frivolous, vexatious, or an abuse of the court's process. - The case in question is Lartey and Lartey Ltd v. Beany and Anor [1987-88] 1 GLR 590. - The defendant ap

Case Details

Suit Number:SUIT NO. E12/07/2021
Judges:George Buadi, J

RULING ON APPLICATION TO STRIKE OUT WRIT AND STATEMENT OF CLAIM

The court has inherent powers to protect itself from abuse of its processes or and machinery. The court therefore has jurisdiction and thus power to stay proceedings, in fact to strike out a writ or any proceeding before it on the ground that they are frivolous or vexatious or an abuse of the process of the court. Such powers could be invoked upon application either under Order 11 Rule 18 of the Rules of Court, or by resort to the inherent jurisdiction of the Court. Lartey and Lartey Ltd v. Beany and Anor [1987-88] 1 GLR 590. 

On 5 November 2020 the court considered defendant’s application on notice “to strike out [plaintiff’s] writ of summons and statement of claim pursuant to Order 11 Rule 18(1) (b) and (d) of C.I.47” on ground that “[the writ and the statement of claim] is frivolous and vexatious and otherwise an abuse of the process of court”. The Court granted the application and reserved reasons for its decision to to…

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