INTERCONTINENTAL GROUP (GH) LTD VRS. ZENITH BANK (GHANA) LIMITED (CM/BDC/0219/2023) [2024] GHAHC 48 (6 May 2024)

INTERCONTINENTAL GROUP (GH) LTD VRS. ZENITH BANK (GHANA) LIMITED (CM/BDC/0219/2023) [2024] GHAHC 48 (6 May 2024)

The defendant's application to strike out the plaintiff's pleadings and dismiss the suit was procedurally improper as it was filed after issues were set down for trial, contrary to the requirements of Order 11 rule 18 of C.I. 47, and was supported by affidavit in violation of Order 11 rule 18(2). The application was also filed out of time and any defect in the pleadings could be cured by amendment. The application is therefore dismissed as unmeritorious.

Citation
INTERCONTINENTAL GROUP (GH) LTD VRS. ZENITH BANK (GHANA) LIMITED (CM/BDC/0219/2023) [2024] GHAHC 48 (6 May 2024)
Parties
Plaintiff/respondent: Intercontinental Group (GH) Ltd; Defendant/applicant: Zenith Bank (Ghana) Limited
Court
ghahc
Jurisdiction
Ghana
Judgment Date
6 May 2024
Procedural Posture
Commercial Motion to Strike Out Pleadings / Ruling on Application to Strike Out Pleadings and Dismiss Suit for Non Disclosure of Reasonable Cause of Action
Outcome
Application dismissed
Legal Topics
Striking Out Pleadings, Reasonable Cause of Action, Negligence, Jurisdiction, Procedural Compliance
Source Language
eng
Civil Procedure Banking Law Tort Law Striking Out Pleadings Reasonable Cause of Action Negligence Jurisdiction Procedural Compliance

Case Brief

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Parties

Intercontinental Group (GH) Ltd

Plaintiff/respondent

Zenith Bank (Ghana) Limited

Defendant/applicant

Procedural Posture

Commercial Motion to Strike Out Pleadings / Ruling on Application to Strike Out Pleadings and Dismiss Suit for Non Disclosure of Reasonable Cause of Action

Legal Issues

  1. 1 Whether the plaintiff's pleadings disclose a reasonable cause of action in negligence against the defendant bank
  2. 2 Whether the defendant's application to strike out pleadings and dismiss the suit was properly brought under the applicable procedural rules

Ratio Decidendi

The defendant's application to strike out the plaintiff's pleadings and dismiss the suit was procedurally improper as it was filed after issues were set down for trial, contrary to the requirements of Order 11 rule 18 of C.I. 47, and was supported by affidavit in violation of Order 11 rule 18(2). The application was also filed out of time and any defect in the pleadings could be cured by amendment. The application is therefore dismissed as unmeritorious.

Court Disposition

Application dismissed

Orders

  • Application to strike out pleadings and dismiss suit is dismissed as unmeritorious.
  • Defendant/Applicant to pay costs of GHS 5,000.00 to Plaintiff/Respondent on or before Case Management Conference.