Asesi Vrs, Ministry Of Justice And Attorney General Ho (E2/07/2023) [2024] GHAHC 305 (4 July 2024)

INTHESUPERIOR COURT OF JUDICATURE INTHEHIGH COURT OF JUSTICE HO–VOLTAREGION CORAM: H/LJUSTICEYAW OWOAHENE-ACHEAMPONG J. SUITNO. E2/07/2023 4TH JULY, 2024 BENAFESI Head ofAfesu family ofHo-Hevesuing for Himselfand onBehalf ofthe Afesi family VERSUS: 1. MINISTRY OF JUSTICEANDATTORNEY GENERALSDEPARTMENT,HO 2. SOCIAL SECURITYANDNATIONAL INSURANCE TRUST Head Office, Accra perThe Regional DirectorSSNIT, Ho Plaintiff present Defendants absent Benedict Kofitse forPlaintiff/ Respondent present ElormFuga (ASA)withCelestina Arkuand Joseph Opusumahfor 1stDefendant/Applicant RULING Upon reading the motion on notice to strike out suit pursuant to Order 11 Rule 18 (1) of C. I. 47togetherwiththe affidavit in supportfiled on13-11-2023, with the attached annexures. And uponreading theaffidavit inopposition filed on11/01/2024 with theattached exhibits. 2 And having heard the legal submissions for and against the instant application I am not convinced that the instant action be struck out as fiercely put forth by the learned State Attorney. Rather the plaintiff who has mounted this action must be called upon to prove his case by cogentevidence against the defendants. I think it will be unfair to truncate this matter at this early stage and by so doing not granting theplaintiff the right tobe heard onthe meritsofthe matter. The motion is dismissed, the 2nd defendant having filed their witness statement, it hereby ordered the plaintiff and the 1st defendant to file their respective witness statement as well as any document theymay wish to rely uponatthe trial withinfortydays(40)fromtoday. The parties must also file their respective pre-trial check list before thenext courtdate. Case adjourned to23/10/2024for CMC. H/LJUSTICE YAWOWOAHENE-ACHEAMPONG JUSTICEOF THE HIGH COURT eve