Ampah Vrs Ndk Financial Services Ltd. [2023] GHAHC 267 (31 July 2023)

Ampah Vrs Ndk Financial Services Ltd. [2023] GHAHC 267 (31 July 2023)

The application to dismiss the suit is incompetent because it failed to specify the legal basis under which it was brought, and thus did not properly invoke the court's jurisdiction as required by the rules.

Citation
[2023] GHAHC 267
Parties
Plaintiff/respondent: Ampah Baaba Awurabena; Defendant/applicant: NDK Financial Services Ltd
Court
High Court
Jurisdiction
Ghana
Judgment Date
31 July 2023
Procedural Posture
Civil / Ruling on Preliminary Objection to Application to Dismiss Suit
Outcome
application dismissed
Legal Topics
Jurisdiction, Striking Out Pleadings, Abuse of Process, Procedural Competence
Source Language
English
Civil Procedure Jurisdiction Striking Out Pleadings Abuse of Process Procedural Competence

Case Brief

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Parties

Ampah Baaba Awurabena

Plaintiff/respondent

NDK Financial Services Ltd

Defendant/applicant

Procedural Posture

Civil / Ruling on Preliminary Objection to Application to Dismiss Suit

Legal Issues

  1. 1 Whether failure to indicate the legal basis for an application to dismiss a suit renders the application incompetent
  2. 2 Whether the court's jurisdiction was properly invoked by the defendant's application

Ratio Decidendi

The application to dismiss the suit is incompetent because it failed to specify the legal basis under which it was brought, and thus did not properly invoke the court's jurisdiction as required by the rules.

Court Disposition

application dismissed

Orders

  • preliminary objection upheld
  • application to dismiss the suit dismissed