Afesi Vrs, Ministry Of Justice And Attorney Generals Department Ho (E2/07/2023) [2024] GHAHC 317 (4 July 2024)
The court is not convinced that the action should be struck out at this stage; the plaintiff must be given the opportunity to prove his case by evidence.
Source-derived case information.
- Citation
- Afesi Vrs, Ministry Of Justice And Attorney Generals Department Ho (E2/07/2023) [2024] GHAHC 317 (4 July 2024)
- Parties
- Plaintiff/respondent: Ben Afesi (Head of Afesu family of Ho-Heve, suing for himself and on behalf of the Afesi family); 1st Defendant/applicant: Ministry of Justice and Attorney Generals Department, Ho; 2nd Defendant: Social Security and National Insurance Trust (Head Office, Accra per The Regional Director SSNIT, Ho)
- Court
- ghahc
- Jurisdiction
- Ghana
- Judgment Date
- 4 July 2024
- Procedural Posture
- Civil / Ruling on Motion to Strike Out Suit (order 11 Rule 18(1) of C.i. 47)
- Outcome
- Motion to strike out suit dismissed
- Legal Topics
- Striking Out Pleadings, Right to Be Heard, Order 11 Rule 18(1) C.i. 47
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ben Afesi (Head of Afesu family of Ho-Heve, suing for himself and on behalf of the Afesi family)
Plaintiff/respondent
Ministry of Justice and Attorney Generals Department, Ho
1st Defendant/applicant
Social Security and National Insurance Trust (Head Office, Accra per The Regional Director SSNIT, Ho)
2nd Defendant
Procedural Posture
Civil / Ruling on Motion to Strike Out Suit (order 11 Rule 18(1) of C.i. 47)
Legal Issues
- 1 Whether the suit should be struck out at this stage under Order 11 Rule 18(1) of C.I. 47
- 2 Whether the plaintiff should be allowed to prove his case on the merits
Ratio Decidendi
The court is not convinced that the action should be struck out at this stage; the plaintiff must be given the opportunity to prove his case by evidence.
Court Disposition
Motion to strike out suit dismissed
Orders
- Plaintiff and 1st defendant to file their respective witness statements and any documents to be relied upon at trial within forty days from today.
- Parties to file their respective pre-trial checklists before the next court date.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPERIOR COURT OF JUDICATURE IN THE HIGH COURT OF JUSTICE HO – VOLTA REGION CORAM: H/L JUSTICE YAW OWOAHENE-ACHEAMPONG J. SUIT NO. E2/07/2023 4TH JULY, 2024 BEN AFESI Head of Afesu family of Ho-Heve suing for Himself and on Behalf of the Afesi family VERSUS: 1. MINISTRY OF JUSTICE AND ATTORNEY GENERALS DEPARTMENT, HO 2. SOCIAL SECURITY AND NATIONAL INSURANCE TRUST Head Office, Accra per The Regional Director SSNIT, Ho Plaintiff present Defendants absent Benedict Kofitse for Plaintiff/ Respondent present Elorm Fuga (ASA) with Celestina Arku and Joseph Opusumahfor 1st Defendant/Applicant RULING Upon reading the motion on notice to strike out suit pursuant to Order 11 Rule 18 (1) of C. I. 47 together with the affidavit in support filed on 13-11-2023, with the attached annexures. And upon reading the affidavit in opposition filed on 11/01/2024 with the attached exhibits. And having heard the legal submissions for and against the instant application I am not convinced that the instant action be struck out as fiercely put forth by the learned State Attorney. Rather the plaintiff who has mounted this action must be called upon to prove his case by cogent evidence against the defendants. 2 I think it will be unfair to truncate this matter at this early stage and by so doing not granting the plaintiff the right to be heard on the merits of the matter. The motion is dismissed, the 2nd defendant having filed their witness statement, it hereby ordered the plaintiff and the 1st defendant to file their respective witness statement as well as any document they may wish to rely upon at the trial within forty days (40) from today. The parties must also file their respective pre-trial check list before the next court date. Case adjourned to 23/10/2024 for CMC. H/L JUSTICE YAW OWOAHENE-ACHEAMPONG JUSTICE OF THE HIGH COURT eve