MARTIN K. TWUM-BARIMAH vs DR. WILLIAM H. K. SANNIEZ & ANOR

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