This Ruling is in respect of the Defendant’s application to strike out the entire pleadings in the statement of claim and to dismiss this suit on the grounds that, it is wholly frivolous, vexatious and a gross abuse of the processes of the Court.
Counsel for the Defendant/Applicant moved the application in terms of the motion paper and relied on the affidavit in support deposed to and filed on 7th June 2022 by Christian Kpakpo Abbosey, of 3rd Floor, GM Plaza, Okponglo, La-Bawalashie Road, East Legon, Accra; wherein the deponent asseverates in paragraphs 1 to 10 as follows:
1. That I am the Chief Executive Officer of Defendant-company and I depose to this affidavit, and aver to the matters that have come to my knowledge during this case and upon advice by Counsel, which I believe to be true.
2. That on 1 June 2022, Defendant was served with the writ of summons and statement of claim and injunction application on allegations that Defendant has encroached a parcel of land owned by the Plaintiff/Respondent’s (“Plaintiff”) family.
3. That the alleged parcel of land in this suit forms part of and is encompassed by the larger parcel of land whose ownership was adjudged in favour of Defendant’s grantor by the High Court in 2017, and the possession and use by the grantor was confirmed by the recent decision by the Court of Appeal dated 17 February 2022.
4. That the said decision of the Court of Appeal is now the subject of further appeals to the Supreme Court by both La Stool and Defendant’s grantors, and subsists as res judicata against the Plaintiff herein. (Copies of the respective notices of appeals are attached as “Exhibit KA” and “Exhibit KA1”).
5. That additionally, Plaintiff herein was specifically restrained by the Court of Appeal not to interfere with the occupation/possession and use of the Defendant’s grantors, and the instant action is only calculated to overreach the effect of the decision of the Court of Appeal and an enterprise to engage in disobedience of the express orders of the superior Court of Appeal.
6. That, further, the Supreme Court is currently seised with the issues alleged in this action and the issuance of the writ and maintenance of this action is in flagrant disregard and affront to the highest court in the land.
7. That furthermore, on 14 October 2021, this same Plaintiff issued a writ against me personally in the suit titled Nii Adjetey Lomo vrs. Chris Kpakpo Abossey (Suit No: LD/0026/2022) and subsequently purported
