EVANS KOFI ARTHUR & ANOR.
V.
MR. ADDO

(2009) JELR 69599 (HC)    
High Court  ·  SUIT NO: IRL/537/09 ·  30 Oct 2009 ·  Ghana
CORAM
JUSTICE KWABENA ASUMAN-ADU
Core Terms Beta
suit
circuit court
plaintiffs
court
defendant
respondents
applicant
proceedings
action
liberty
notice
reliefs
irregularity
notice of discontinuance
parties
statement of defence
suit no. c1
amended statement of claim
costs
current case
current suit
day
declaration of title
evans kofi arthur
greater accra
intention
order
plots of land
subject matter
suit no. ci
suit no. irl
victoria mould
abuse of the process of the court
circuit court’s case
circuit court suit
civil procedure
essence of filing statement of defence
general damages
high court
land title
order 81r2 of ci
perpetual injunction
question
r2
reasonable time
respect of motion
rule
rules
statement of claim
such terms

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…

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