Try asking the following...
Try asking the following...
April 4, 2023
HIGH COURT
GHANA
CORAM
RULING ON MOTION FOR AN ORDER TO STRIKE OUT DEFENDANT’S STATEMENT OF DEFENCE
The court has read the motion paper and suppsaorting affidavit and the attached exhibits. The court has also read the affidavit in opposition and the exhibit attached to it and has also considered the submission of both counsel.
The court is of the opinion that a grant of this application will serve no useful purpose since the record shows that the court note of 8th February, 2023 in which the court made the order directing the defendant to furnish the plaintiff with further and better particulars within a week of the said order was not served on counsel for the defendant and therefore the defendant was not aware of the time limit given by the court.
The application is refused and there is also no award of cost. The substantive matter is to take its normal course.
(SGD.)
JUSTICE ANANDA J. AIKINS (MRS)
JUSTICE OF THE HIGH COURT
AI Generated Summary
Justice Ananda J. Aikins (MRS), sitting as a Justice of the High Court, delivered a ruling on a motion seeking an order to strike out the defendant’s statement of defence. After considering the motion paper, the supporting affidavit and exhibits, and the affidavit in opposition with its exhibit, as well as the submissions of both counsel, the court focused on a prior case management direction. The record reflected a court note dated 8th February, 2023 directing the defendant to furnish the plaintiff with further and better particulars within one week. Crucially, that note was not served on the defendant’s counsel, leaving the defence unaware of the time limit. Concluding that granting the motion would serve no useful purpose under those circumstances, the court refused the application, made no order as to costs, and directed that the substantive matter proceed in the ordinary course.