Odei v Quartey and Another (C8/25/2025) [2025] GHACC 41 (22 May 2025)
The plaintiff's pleadings, on their face, disclose a reasonable cause of action as they allege acts by the defendants that, if proved, would entitle the plaintiff to relief as a beneficiary of the estate. The application to strike out the pleadings is without merit and is dismissed.
- Citation
- [2025] GHACC 41
- Parties
- Plaintiff/respondent: Isaac Addo; Plaintiff/respondent: Vivienne Odei; Defendant/applicant: Susan K. Quartey; Defendant/applicant: William George Nii Adotei Mingle
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 22 May 2025
- Case Number
- C8/25/2025
- Procedural Posture
- Civil / Ruling on Application to Strike Out Pleadings for Disclosing No Reasonable Cause of Action
- Outcome
- Application dismissed
- Legal Topics
- Estate Administration, Beneficiaries' Rights, Striking Out Pleadings, Intermeddling
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Isaac Addo
Plaintiff/respondent
Vivienne Odei
Plaintiff/respondent
Susan K. Quartey
Defendant/applicant
William George Nii Adotei Mingle
Defendant/applicant
Procedural Posture
Civil / Ruling on Application to Strike Out Pleadings for Disclosing No Reasonable Cause of Action
Legal Issues
- 1 Whether the plaintiff's pleadings disclose a reasonable cause of action
- 2 Whether the suit should be struck out for lack of reasonable cause of action
- 3 Whether intermeddling by defendants is a criminal or civil matter
Ratio Decidendi
The plaintiff's pleadings, on their face, disclose a reasonable cause of action as they allege acts by the defendants that, if proved, would entitle the plaintiff to relief as a beneficiary of the estate. The application to strike out the pleadings is without merit and is dismissed.
Court Disposition
Application dismissed
Full Case Text
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