O’sullevan Vrs Dorfe [2022] GHAHC 100 (31 October 2022)

O’sullevan Vrs Dorfe [2022] GHAHC 100 (31 October 2022)

The application to strike out the writ of summons and statement of claim is procedurally incorrect and incompetent because the applicants, having filed a conditional appearance, should have proceeded under Order 9 Rule 8, not Order 11 Rule 18. Additionally, filing an affidavit in support contravenes Order 11 Rule 18(2), rendering the application irregular.

Citation
[2022] GHAHC 100
Parties
Plaintiff/respondent: Maria O’Sullivan; Defendant/applicant: Mathias Dorfe; Defendant/applicant: Doris Dorfe
Court
High Court
Jurisdiction
Ghana
Judgment Date
31 October 2022
Procedural Posture
Civil Land Division / Ruling on Preliminary Legal Objection to Interlocutory Application
Outcome
Preliminary legal objection sustained; application to strike out writ of summons and statement of claim dismissed.
Legal Topics
Striking Out Pleadings, Conditional Appearance, Abuse of Process
Source Language
English
Civil Procedure Striking Out Pleadings Conditional Appearance Abuse of Process

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Parties

Maria O’Sullivan

Plaintiff/respondent

Mathias Dorfe

Defendant/applicant

Doris Dorfe

Defendant/applicant

Procedural Posture

Civil Land Division / Ruling on Preliminary Legal Objection to Interlocutory Application

Legal Issues

  1. 1 Whether the application to strike out the writ of summons and statement of claim is procedurally competent after conditional appearance
  2. 2 Whether affidavit evidence is admissible under Order 11 Rule 18(1)(a) of C.I. 47

Ratio Decidendi

The application to strike out the writ of summons and statement of claim is procedurally incorrect and incompetent because the applicants, having filed a conditional appearance, should have proceeded under Order 9 Rule 8, not Order 11 Rule 18. Additionally, filing an affidavit in support contravenes Order 11 Rule 18(2), rendering the application irregular.

Court Disposition

Preliminary legal objection sustained; application to strike out writ of summons and statement of claim dismissed.

Orders

  • Application to strike out writ of summons and statement of claim dismissed.
  • Costs of Two Thousand Ghana cedis (GH¢2,000.00) awarded to Plaintiff/Respondent.