JOSEPH ADE COKER VS NDK FINANCIAL SERVICES
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP FRANCIS OBIRI ‘J’.
Areas of Law
- Civil Procedure
- Contract Law
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Defendant/Applicant sought dismissal of the Plaintiff/Respondent's suit claiming it was an attempt to relitigate previously settled matters. The Plaintiff opposed the motion, asserting that the current claims of unconscionability and fraud were different. The High Court ruled in favor of the Defendant, dismissing the suit as an abuse of court process.
On 10th February 2023, the Defendant/Applicant (hereinafter called the Applicant) filed a motion before this court.
The motion is praying the court to dismiss the instant suit on the grounds stated in the affidavit.
The motion has exhibits attached to same.
The relevant paragraphs are as follows: 3. By a Writ of Summons and Statement of Claim filed on 6th January 2023, the Respondent instituted an action against the Applicant for the reliefs endorsed in the Statement of Claim.
4. I am informed and believe same to be true, that an examination of the Writ of Summons, shows that the Respondent is only attempting to relitigate a matter that has been adjudicated to the Court of Appeal.
5. I am informed and believe same to be true, that the Respondent has canvassed the same facts before the High Court, (Commercial Division) Accra on countless occasions without success.
Find attached as exhibits NDK 1, NDK 2, NDK 3 and NDK 4 being copies of applications and rulings in respect of the main suit in the Commercial Division of the High Court.
6. I am informed by counsel, and verily believe same to be true, that the instant suit is, vexatious and an abuse of the process of the Honourable Court.
7. That I am informed by counsel and verily believe same to be true, that the Statement of Claim of the Plaintiff discloses no reasonable cause of action.
8. By reason of the matters aforesaid, the Applicant prays that the instant suit should be dismissed.
The Plaintiff/Respondent (hereinafter called the Respondent) opposed the application by filing affidavit in opposition.
The relevant paragraphs are as follows: 5. That counsel for the Respondent has been served with the Defendant/Applicant’s motion praying this Honourable Court for an order to dismiss the Respondent’s suit.
6. That the Respondent is opposed to the application.
8. That the Respondent denies paragraph 4 of the Applicant’s affidavit in support of its motion, and states that on 22nd August 2014, the High Court (Commercial Division) Accra gave a ruling in which it held among other things, that “the Court thinks that the expression in respect of the mode of the calculation of interest is almost meaningless.
A calculation of interest per month at the rate of 6% should suffice. ”9. That the Applicant was aggrieved by the above ruling and appealed to the Court of Appeal on the following grounds: a. The ruling is against the weight of evidence.
b. The learned trial judge erred when he held, that th