MARTIN K. TWUM-BARIMAH vs DR. WILLIAM H. K. SANNIEZ & ANOR
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP DENNIS ADJEI, J. A, SITTING AS AN ADDITIONAL HIGH COURT JUDGE
Areas of Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an application for security for costs in a civil proceeding. The court, presided over by Justice Dennis Adjei, considered the application under Order 24 of the High Court (Civil Procedure) Rules C. I. 47. After examining the circumstances and the grounds for such an application, the court found that it failed to meet the conditions specified under Order 24 Rule 1. Consequently, the application was dismissed as lacking merit. The court also expressed dissatisfaction with the language used in the affidavit in opposition, emphasizing that affidavits should contain facts and not abusive words. No order was made regarding costs. The case was adjourned to July 14, 2016, for application for directions, with the Plaintiff instructed to serve the Defendants.
I have heard both parties to the suit.
I have carefully considered the pleadings and all the depositions contained in their respective affidavits.
Security for costs is regulated by Order 24 of the High Court (Civil Procedure) Rules C. I. 47. A court in determining an application for security for cost is enjoined by Order 24 Rule 1 to take into consideration the following factors; 1. Whether or not the Plaintiff is ordinarily resident outside Ghana, 2. The Plaintiff has not got address, 3. The Plaintiff’s address has been changed and other circumstances of the case which may persuade the Court to rule otherwise.
I have examined the circumstances of the case as well as the ground upon which such an application should be granted.
I am satisfied that the application is without merit as it fails to meet the conditions under Order 24 Rule 1 and same is hereby dismissed.
The court is not happy about the language contained in the affidavit in opposition.
Affidavits should contain facts and not abusive words as seen in the affidavit in opposition.
There will be no order as to cost. The suit is adjourned to 14th July, 2016 for application for directions.
The Plaintiff is to direct service of same on the Defendants.
SGD)
DENNIS ADJEI, J. A.
JUSTICE OF THE APPEAL COURT