INDUSTRIL AND COMMERCIAL WORKERW UNION & 116 ORS vs TOP INDUSTRIL LIMITED & ORS
2023
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE ANANDA J. AIKINS (MRS).
Areas of Law
- Civil Procedure
2023
HIGH COURT
GHANA
CORAM
AI Generated Summary
Her Ladyship Justice Ananda J. Aikins of the Ghana High Court issued a ruling on a motion on notice seeking to strike out an action. After receiving and considering the submissions of both counsel, the Court examined the High Court (Civil Procedure) Rules, 2004 (C.I. 47), including Order 2 rule 5(1)(a) and (b), and Order 2 rule (1)(b). The Court also adverted to the Supreme Court’s decision in Standard Bank Offshore Trust Co. Ltd, substituted by Dominion Corporate Trustee Ltd, v National Investment Bank Ltd and others (J4/63/2016), delivered on 21 June 2017. Applying these authorities, the Court concluded the plaintiffs’ writ was void for failing to satisfy mandatory requirements under Order 2 rule (1)(b), granted the application, struck out the writ, and made no order as to costs, reflecting discretion in interlocutory matters.
RULING ON MOTION ON NOTICE TO STRIKE OUT ACTION.
The court has considered the submissions of both counsel on this present application.
It has adverted its mind to the High Court (Civil Procedure) Rules of 2004, specifically Order 2 rule 5 (1) (a) and (b) and has also read the judgment of the Supreme Court in case of Standard Bank Offshore Trust Co.
Ltd substituted by Dominion Corporate Trustee Ltd. V. National Investment Bank Ltd. and others (J4/63/2016) dated 21st June, 2017, and the Court is of the opinion that this application is to be granted because the writ issued by the plaintiffs is void in that it did not satisfy the requirements imposed by Order 2 rule (1) (b) of C. I 47. The plaintiff’s writ is thus struck out, there is no award of cost in this application.
(SGD. )JUSTICE ANANDA J. AIKINS (MRS) JUSTICE OF THE HIGH COURT.