Ratio DecidendiRatio Decidendi



ABBEYMAN FAMILY AND NAA DODI AKAIBI III (PLAINTIFFS/RESPONDENTS)
V.
EXECUTIVE SECRETARY LANDS COMM AND LANDLINE PROPERTIES LIMITED (DEFENDANTS/RESP) DANIYAL ABDUL-KARIM (SUING FOR HIMSELF AND ON BEHALF OF OTHER LAND OWNERS) AND AMADU RUFAI

(2019) JELR 63612 (HC)    
High Court  ·  SUIT NO: BMISC/852/2015 ·  20 Feb 2019 ·  Ghana
CORAM
HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO

Ratio Decidendi

Core Terms Beta
court
application
applicants
suit
order
2nd defendant
counsel
parties
rule
civil procedure
plaintiff
such terms
attorney general
general rule
grant of the application
high court
mr. daniyal abdul-karim
mr. zakari
1st defendant
1st plaintiff mr. kwabena kuffour
above jurisprudential review
above learned counsel
american airways
bank of west africa ltd.
court’s opinion
defendants
divestiture implementation committee
earlier suit
exercise of the trial judge
joinder pursuant
justice samuel marful-sau’s book
lands commission
land title certificate
legal rights
mr. samani zakari
narrow path
narrow view
order 16r11
practical guide
presence of a necessary party
registry of this court
rhetorical question counsel
slippery slope
stage of proceedings
supreme court case of sam
title holders
true ambit of the phrase
unintended consequences
wider school of thought advocate
witness statements

RULING

ACKAAH-BOAFO, J.

APPLICATION FOR JOINDER PURSUANT TO ORDER 4 RULE 5(2) OF CI 47

i. Introduction

[1] The parties in this suit have all filed their witness statements and presently there is an ongoing mini trial to determine who has the capacity to sue as Plaintiff as the parties (Plaintiffs) are unable to agree by themselves.

[2] By a Motion on Notice filed at the registry of this Court on January 10, 2019, Mr. Daniyal Abdul-Karim and one Amadu Rufai, by their lawyers are seeking an order under Order 4 Rule 5(2) (b) of the High Court (Civil Procedure) Rules, 2004 (CI 47) to be joined in this suit as the Defendants.

[3] It is enacted in Order 4 r 5(2) (b) of CI 47

“(2) At any stage of proceedings the Court may on such terms as it thinks just either of its own motion or on application

(b) order any person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the proceedings are effectively and completely determine…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login