Customer Support

EVANS KOFI ARTHUR & ANOR.
V.
MR. ADDO

(2009) JELR 69599 (HC)

High Court 30 Oct 2009 Ghana
BriefBot icon

BriefBot Summary

Free

- The defendant has filed a motion to stay proceedings or dismiss the suit, claiming that the current suit is an abuse of the court process because there is a pending suit with the same parties and subject matter in the Circuit Court. - The

Case Details

Suit Number:SUIT NO: IRL/537/09
Judges:JUSTICE KWABENA ASUMAN-ADU
Counsel:CAPT. EFFA DARTEY FOR THE PLAINTIFFS/REPONDENTS,NII AKWEI BRUCE THOMPSON FOR THE DEFENDANT/APPLICANT

RULING

This ruling is in respect of motion on notice filed by the defendant for an order to stay proceedings or dismiss the suit.

According to the defendant/applicant, he has been sued by the plaintiffs/respondents in this court for a declaration of title to two plots of land lying and situate at Aplaku measuring 70x200 and described as Parcel 13 of Section 260 Block 39, Aplaku, Greater Accra at the Land Title inter alia. Meanwhile, the parties in this suit, as well as, the subject matter are the same in Suit No. C1/182/08 entitled Evans Kofi Arthur and Victoria Mould v. Mr. Addo, pending at the Circuit Court, Accra. Since the Circuit Court suit is still pending, the current suit is abuse of the process of the court, so proceedings in it should either be stayed or it must be dismissed.

The plaintiffs/respondents have opposed the application. According to them, a Notice of Discontinuance with liberty to apply was filed at the Circuit Court which clearly shows that the plaintiffs/responden…

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 77,000 cases, recent judgments, statutes, and rules of court.