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JOSEPH Q. HANSEN-SACKEY & ANOR
V.
NANA OTIA 1

(2024) JELR 112820 (CA)

Court of Appeal 27 Nov 2024 Ghana
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- Plaintiffs/respondents instituted an action for declaration of title, recovery of possession, injunction, expungement of land records, accounting, damages, and costs against defendant/appellant concerning disputed land, with the defendant

Case Details

Suit Number:SUIT NO. H1/25/2022
Judges:P. BRIGHT MENSAH JA - PRESIDING JEROME NOBLE-NKRUMAH JA HAFISATA AMALEBOBA (MRS) JA
Counsel:KWABENA KUNADU YIADOM ESQ., FOR THE PLAINTIFFS/ RESPONDENTS. JONATHAN OSEI ESQ., FOR THE DEFENDANT/APPELLANT.
Location:Koforidua

JUDGMENT

BRIGHT MENSAH, JA:

My Lords, the ambit of the instant appeal is a call on us to interfere with judicial discretion exercised by a court.  The chief question in the appeal is whether the Nsawam High Court ever exercised properly, its judicial discretion per a Ruling delivered 29/04/2021 by which the lower court dismissed an application by the defendant/appellant herein, for consolidation of two (2) suits pursuant to Order 31 r 2 of the High Court [Civil Procedure] Rules, 2004, C.I 47 and proceeded to dismiss Suit No. CI/01/2021 intituled Nana Otia v Joseph Quarcoopome Hansen-Sackey & 2 ors that the applicant sought to consolidate with the present suit No. C1/44/2019 intituled Joseph Quarcoopome Hansen-Sackey & anr v Nana Otia.  The basis for the dismissal or the striking down of the suit, according to the learned trial judge, was that the fresh suit the defendant/appellant filed which he sought to consolidate it with the other suit was an abuse of legal process,.

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