Francis Adu Vrs Seth Sallah & 2 Ors. [2022] GHACC 278 (6 December 2022)
The application to strike out the suit is dismissed because the pleadings raise triable issues that require determination by evidence, and it is not a plain and obvious case for striking out.
- Citation
- [2022] GHACC 278
- Parties
- Plaintiff/respondent: Francis Adu; Defendant/applicant: Seth Sallah; Defendant/applicant: Setho Classic Eng. Ltd.; Defendant/applicant: Sylvester Atokpley
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 6 December 2022
- Procedural Posture
- Civil / Ruling on Motion to Strike Out Suit as Frivolous, Vexatious, and Abuse of Process
- Outcome
- Application dismissed
- Legal Topics
- Striking Out Pleadings, Abuse of Process, Interlocutory Injunction, Title to Land
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Francis Adu
Plaintiff/respondent
Seth Sallah
Defendant/applicant
Setho Classic Eng. Ltd.
Defendant/applicant
Sylvester Atokpley
Defendant/applicant
Procedural Posture
Civil / Ruling on Motion to Strike Out Suit as Frivolous, Vexatious, and Abuse of Process
Legal Issues
- 1 Whether the suit is frivolous, vexatious, or an abuse of the court process and should be struck out
- 2 Whether the pleadings disclose triable issues requiring evidence
Ratio Decidendi
The application to strike out the suit is dismissed because the pleadings raise triable issues that require determination by evidence, and it is not a plain and obvious case for striking out.
Court Disposition
Application dismissed
Orders
- Application to strike out suit dismissed
- Costs of GH¢1,500.00 awarded against the Applicants
Full Case Text
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