GABRIEL KWASI DZAKA AND NII OKPELOR SOWAH ABLORH v. ROWLAND ANGELO ADUKWOE, JOSEPH MARKWEI AND LAWSON SOWAH ODAMETEY

I have before me a two-fold Application filed by Defendant/Applicant for an Order

to set aside Plaintiffs/Respondents Amended Writ of Summons and Statement of

Claim as well as to strike out Plaintiffs/Respondents Application for Interlocutory

Injunction.

This was filed for and on behalf of Defendants/Applicants by their Counsel. The

main stay of this Application as deposed to in the Affidavit in Support is that;

Plaintiffs/Respondents Writ of Summons and its attendant Statement of Claim is an

abuse of Court process and also not in conformity with the rules of Court and so

ought to be struck out.

Then also, Plaintiffs/Respondents Application for Interlocutory Injunction is a repeat

Application of an earlier one which has been determined by this Court differently

constituted. Ruling of the Court is exhibited as Exhibit OS1.

In opposing this Application, Plaintiffs/Respondents contends that the

Defendants/Applicants have stated in their Supporting Affidavit that the processes

they (Plaintiffs/Respondents) have filed which are; Amended Writ of Summons and

Statement of Claim as well as the Interlocutory Injunction Application ought to be

struck out since same constitute abuse of Court and will cause delay are not grounds

for striking out the said processes.

Respective Counsel for parties made their legal arguments in Court in respect of this

Application.

After analyzing this Application and after hearing both Counsel make their oral

submissions and after applying the relevant statutes and case laws, the decision of

the Court is that; in respect of the Amended Statement of Claim I will refer to Order

81 rule 1(1) &2(1)b and exercise the Court’s powers under these rules to allow the

Amended Writ of Summons filed by Plaintiff/Respondent herein subject to cost.

Order 81 rule 1(1) &2(1) b provides:

EFFECT OF NON-COMPLIANCE WITH RULES

Non-compliance with Rules not to render proceedings void;

I. (1) Where, in beginning or purporting to begin any proceedings or at any

stage in the course of or in connection with any proceedings, there has, by

reason of anything done or left undone, been a failure to comply with the

requirements of these Rules, whether in respect of time, place, manner, form

or content or in any other respect, the failure shall not be treated as an

irregularity and shall not nullify the proceedings, any step taken in the

proceedings, or any document, judgment or order in it.

(2) The Court may, on the ground that there