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March 20, 2023
HIGH COURT
GHANA
CORAM
Per an Application filed on 5th October, 2022 to dismiss Plaintiff’s, suit for want of
prosecution pursuant to Order 32(3) of C.I 47. The 1st to 5th Defendants/Applicants
herein aver in an Affidavit deposed to by one Kofi Serebuor; some Paragraphs of
which I will reproduce for clarity.
Paragraph 7
That by a ruling of this Court dated 28th June, 2022, the Plaintiff was ordered
to amend the Writ to reflect the correct name of the 3rd Defendant. (Exhibit
DOM1)
Paragraph 8
That Plaintiff issued an amended writ of summons and Statement of Claim
dated 5th July, 2022 which was served on the 1st to 5th Defendants on 8th July,
Paragraph 9
That 1st to 5th Defendants caused their lawyers to file a Statement of Defence,
an Affidavit in Opposition to the Injunction and Statement of Case on 13th of
July, 2022 which was subsequently served on the Plaintiff on 15th of July, 2022
(Exhibit DOM 3)
Paragraph 1
That 1 am advised by Counsel and verily believe same to be true that the
Pleadings in this case closed seven (7) clear days after the Statement of
Defence was served on the Plaintiff on 1st July, 2022 as Plaintiff did not file
any reply or a defence to the Counterclaim.
Paragraph 11
That I am advised and verily believe same to be true the failure on the part of
the Plaintiff to file for Directions after the period after the period has
elapsed, the Defendant can apply to the Court to dismiss the action.
Paragraph 13
That it is evident by reference to the Search results dated 5th September 2022
(Exhibit DOM 3) that Plaintiff has failed refused/neglected to take any action
whatsoever concerning the suit evidencing her intention to abandon the suit
altogether.
Paragraph 14
That in the circumstances, I pray for an order dismissing the Plaintiff’s suit
entirely for want of prosecution.
In an Affidavit in Opposition dated 17th October, 2022. Plaintiff avers that the 1st to 5th
Defendants are not the only parties in this suit.
That she was served the Statement of Defence on the 15th of July, 2022. She states in
Paragraphs 11, 12, 13 and 14 as follows:
Paragraph 11
That the Courts were on legal vacation on or about 30th July, 2022 which in a
way truncated the proceedings.
Paragraph 12
That respectfully it is not my intention to delay proceedings in this
Honourable Court.
Paragraph 13
That I have issues with the defence filed which needs a reply and defence to
the counterclaim
Paragraph 14
That I have been advised that pleadings are
AI Generated Summary
On October 5, 2022, the 1st to 5th Defendants applied to the High Court to dismiss the Plaintiff’s suit for want of prosecution under Order 32 rule 3 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), supported by an affidavit sworn by Kofi Serebuor recounting a June 28, 2022 ruling directing amendment of the writ, the July service of an amended writ, and their July 13 defence and counterclaim. They argued pleadings had closed and the Plaintiff failed to apply for directions. The Plaintiff’s opposing affidavit cited legal vacation and intention to file a reply and defence to the counterclaim. Justice Rita Agyeman-Budu analyzed Order 80 rule 2 and definitions of “pleadings,” referencing Black’s Law Dictionary and the Supreme Court case Captain Robert MBA Tindane v. Chief of Defence Staff and Attorney General, and held an application for directions is not a pleading. Relying on Order 81, the Court refused dismissal, treated the application as one for directions, ordered the Plaintiff to file within seven days, and awarded GH2,000 costs to Defendants.