Gmanyimen And Another Vrs. Oklas II And Another (E12/20/2020) [2024] GHAHC 321 (9 May 2024)

Gmanyimen And Another Vrs. Oklas II And Another (E12/20/2020) [2024] GHAHC 321 (9 May 2024)

The applicant failed to attach the writ of summons and statement of claim, depriving the court of the necessary material to determine whether the impugned paragraphs are scandalous, frivolous, vexatious, or disclose no reasonable cause of action. The court cannot descend into the arena to supply missing evidence. Affidavit evidence alone is insufficient for such an application. Therefore, the application must fail.

Citation
Gmanyimen And Another Vrs. Oklas II And Another (E12/20/2020) [2024] GHAHC 321 (9 May 2024)
Parties
Plaintiff/respondent: Nana Takpa Gmanyifen; Plaintiff/respondent: Kwadwo Yanam; Defendant/applicant: Nana NkpanaBeke Oklas II (per lawful attorney Nana Akonsi Ababio II Chaachuu-Wura)
Court
ghahc
Jurisdiction
Ghana
Judgment Date
9 May 2024
Procedural Posture
Civil / Ruling on Interlocutory Application to Strike Out Pleadings
Outcome
Application dismissed
Legal Topics
Striking Out Pleadings, Reasonable Cause of Action, Scandalous/frivolous/vexatious Pleadings, Abuse of Process, Fraud on Judgment, Jurisdiction of Traditional Councils
Source Language
eng
Civil Procedure Striking Out Pleadings Reasonable Cause of Action Scandalous/frivolous/vexatious Pleadings Abuse of Process Fraud on Judgment Jurisdiction of Traditional Councils

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Parties

Nana Takpa Gmanyifen

Plaintiff/respondent

Kwadwo Yanam

Plaintiff/respondent

Nana NkpanaBeke Oklas II (per lawful attorney Nana Akonsi Ababio II Chaachuu-Wura)

Defendant/applicant

Procedural Posture

Civil / Ruling on Interlocutory Application to Strike Out Pleadings

Legal Issues

  1. 1 Whether paragraphs 5, 6, 7, 8 and 9 of the statement of claim should be struck out for disclosing no reasonable cause of action, being scandalous, frivolous, vexatious, or an abuse of process; Whether the application to strike out can be entertained after previous withdrawal; Whether affidavit evidence is admissible in such applications

Ratio Decidendi

The applicant failed to attach the writ of summons and statement of claim, depriving the court of the necessary material to determine whether the impugned paragraphs are scandalous, frivolous, vexatious, or disclose no reasonable cause of action. The court cannot descend into the arena to supply missing evidence. Affidavit evidence alone is insufficient for such an application. Therefore, the application must fail.

Court Disposition

Application dismissed