AMANOR AND ANOTHER VRS. ASAMOAH (PA/0779/2023) [2024] GHAHC 106 (24 April 2024)
The existence of a counterclaim entitles the defendant to bring their entire claim before the court; therefore, the application to strike out the pleadings is refused.
Source-derived case information.
- Citation
- AMANOR AND ANOTHER VRS. ASAMOAH (PA/0779/2023) [2024] GHAHC 106 (24 April 2024)
- Parties
- Plaintiff: George Amanor; Plaintiff: Maxwell Bona; Defendant: Nana Frimponmaa Asamoah
- Court
- ghahc
- Jurisdiction
- Ghana
- Judgment Date
- 24 April 2024
- Procedural Posture
- Probate and Letters of Administration / Ruling on Application to Strike Out Pleadings
- Outcome
- Application to strike out pleadings refused
- Legal Topics
- Striking Out Pleadings, Counterclaim
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Amanor
Plaintiff
Maxwell Bona
Plaintiff
Nana Frimponmaa Asamoah
Defendant
Procedural Posture
Probate and Letters of Administration / Ruling on Application to Strike Out Pleadings
Legal Issues
- 1 Whether the defendant's pleadings should be struck out despite the existence of a counterclaim
Ratio Decidendi
The existence of a counterclaim entitles the defendant to bring their entire claim before the court; therefore, the application to strike out the pleadings is refused.
Court Disposition
Application to strike out pleadings refused
Orders
- Case will take its normal course
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPERIOR COURT OF JUDICATURE IN THE HIGH COURT OF JUSTICE, PROBATE AND LETTERS OF ADMINISTRATION DIVISION ‘COURT 3’ HELD IN ACCRA ON THURSDAY THE 24TH DAY OF APRIL, 2024 BEFORE HER LADYSHIP JUSTICE SARAH ARYEE (MRS.), J. 1. GEORGE AMANOR 2. MAXWELL BONA PLAINTIFFS SUIT NO. PA/0779/2023 VRS. NANA FRIMPONMAA ASAMOAH DEFENDANT =========================================================== PARTIES: PLAINTIFFS ABSENT, DEFENDANT REPRESENTED BY NANA ABOAGYE COUNSEL: SAMUEL KOTEY AMASSASH HOLDING BRIEF OF JUSTINE AMENUVOR FOR THE PLAINTIFFS PRESENT …………………………………………………………………………………………… BENCH R U L I N G I have carefully considered the application before the court. The defendant has a counterclaim and are entitled to bring their entire claim before the court and not in piece meal. I hereby 1 accordingly refuse the application to strike out the pleadings. The defendant has a counter claim and the pleadings support their counterclaim. The case will take its normal course. (SGD) SARAH ARYEE (MRS.) J, JUSTICE OF THE HIGH COURT 2