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HARRIET MORRISON (NEE BAAH) v. REGISTERED TRUSTEES VICTORY BIBLE CHURCH & OTHERS

2015

SUPREME COURT

GHANA

CORAM

  • ANSAH JSC (PRESIDING)
  • DOTSE JSC
  • GBADEGBE JSC
  • BENIN JSC
  • AKAMBA JSC

Areas of Law

  • Civil Procedure

AI Generated Summary

The case is an appeal from the Court of Appeal's reversal of a High Court decision to summarily dismiss the plaintiffs' claims and grant judgment for the 1st defendant on its counterclaim. The core issue was whether the High Court correctly applied the principles for striking out pleadings seen as frivolous or an abuse of court processes. The Supreme Court confirmed the Court of Appeal's decision, holding that the plaintiffs' case, even though it appeared weak, raised sufficient issues of fact and law to warrant a full trial. The Supreme Court underscored the cautious use of summary dismissal and emphasized that such procedures are to be used sparingly and only in clear-cut cases. Justice Dotse dissented, arguing that the plaintiffs' case was an abuse of process and should have been dismissed. The principles of civil procedure, particularly related to striking out pleadings and the court's inherent jurisdiction, were central to the case.

JUDGMENT