LAW TIP- STRIKING OUT vs. DISMISSAL

Dismissal = The matter is conclusively decided. It bars further action between the parties unless a statute allows a fresh application or appeal.

Striking Out = The matter is removed temporarily and the affected party may apply for restoration. AKWAA II AND OTHERS V. HAGAN AND OTHERS [2007-2008] SCGLR 200

QUOTE FROM JUDGEMENT

“The concepts of “striking out ” and “dismissal” were not the same. When an action or appeal was dismissed it meant that as between the parties it created a bar which would prevent any further proceedings unless permitted by the statute, whereas when an action or appeal was struck out it was always open to the party prejudiced thereby to apply for its restoration.” AKWAA II AND OTHERS V. HAGAN AND OTHERS [2007-2008] SCGLR 200

Leave a Reply

Your email address will not be published. Required fields are marked *