Upon reading the motion on notice to strike out suit pursuant to Order 11 Rule 18 (1) of C. I. 47 together with the affidavit in support filed on 13-11-2023, with the attached annexures.
And upon reading the affidavit in opposition filed on 11/01/2024 with the attached exhibits.
And having heard the legal submissions for and against the instant application I am not convinced that the instant action be struck out as fiercely put forth by the learned State Attorney.
Rather the plaintiff who has mounted this action must be called upon to prove his case by cogent evidence against the defendants.
I think it will be unfair to truncate this matter at this early stage and by so doing not granting the plaintiff the right to be heard on the merits of the matter.
The motion is dismissed, the 2 nd defendant having filed their witness statement, it hereby ordered the plaintiff and the 1 st defendant to file their respective witness statement as well as any document they may wish to rely upon at the trial within forty days (40) from today.
The parties must also file their respective pre-trial check list before the next court date.
Case adjourned to 23/10/2024 for CMC.
H/L JUSTICE YAW OWOAHENE-ACHEAMPONG JUSTICE OF THE HIGH COURT.
