NII LOMO OGYENSU VS NII DJAN TSURU IV & ORS

MOTION ON NOTICE TO SET ASIDE THE WRIT OF SUMMONS AND THESTATEMENT OF CLAIM

Counsel for the 3rd Defendant Your Ladyship, we have before you a Motion on Notice filed on 20/03/2023 to set aside the issuance of the Writ of Summons and its accompanying Statement of Claim.

I move in terms of the Motion paper and the Supporting Affidavit.

In support of the application, I draw the Court’s attention to the Writ which was issued on the 27/02/2023 as not having an address for the Plaintiff.

Subsequently, the Writ was endorsed with a 2022 license number and the Statement of Claim was endorsed with a 2019 license number and all has even expired.

However, the absence of the address which is cardinal makes the Writ defective.

Wepray accordingly.

BY COURT Having heard Counsel and noting that the Plaintiff was served with the application on 27/03/2023 but is absent and has not also filed a response, and further noting the omission of the address of the Plaintiff and the discrepancies in the licence of the Plaintiff Counsel, the application is granted as prayed.

The Writ as issued on the 27/02/2023 is set aside as prayed.

Costs of GH¢ 2, 000. 00 is awarded in favour of the 3rd Defendant.

SGD)ENYONAM ADINYIRA (J)HIGH COURT JUDGE.