Adusei Vrs Agbemabiase [2022] GHAHC 103 (11 November 2022)

The Plaintiff's pleadings do not disclose any cause of action based on fraud. The Plaintiff had the opportunity to present his case in the previous suit but failed to do so. Allowing the present action would be an abuse of process. The application to dismiss is granted.

Citation: [2022] GHAHC 103
Parties: Plaintiff/respondent: Ampofo Adusei; Defendant/applicant: Gideon Agbemabiase
Court: High Court
Jurisdiction: Ghana
Judgment Date: 11 November 2022
Procedural Posture: Civil / Ruling on Application to Dismiss for Abuse of Process
Outcome: Application to dismiss granted
Legal Topics: Abuse of Process, Res Judicata, Fraud, Nemo Dat Quod Non Habet, Summary Dismissal
Source Language: English

Civil Procedure Land Law Abuse of Process Res Judicata Fraud Nemo Dat Quod Non Habet Summary Dismissal

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Parties

Ampofo Adusei

Plaintiff/respondent

Gideon Agbemabiase

Defendant/applicant

Procedural Posture

Civil / Ruling on Application to Dismiss for Abuse of Process

Legal Issues

1 Whether the Plaintiff's claim should be dismissed as an abuse of court process
2 Whether the pleadings disclose a cause of action based on fraud

Ratio Decidendi

Court Disposition

Application to dismiss granted

Orders

Writ of Summons and Statement of Claim dismissed as abuse of process
Costs of Ten Thousand Ghana Cedis (GH¢10,000.00) awarded to Defendant/Applicant against Plaintiff