KWADWO KUMI
V.
EDITH AKYEA ADDY

(2016) JELR 107810 (HC)    
High Court  ·  SUIT NO. BMISC 113/2015 ·  12 Dec 2016 ·  Ghana
CORAM
PATIENCE MILLS-TETTEH (MRS)
Core Terms Beta
plaintiff
judgment
action
stranger
4th defendant
defence
1st defendant
high court
earlier suit
kokomlemle accra
no. c110
suit no bl
attorney general
claims
default judgment
defendant applicant
instant action
leasehold interest
applicant’s case
bailiffs of the high court accra
borketey lawah xiv applicant
case nii odai ayiku iv
claims of the plaintiff
commercial property
defendants
direct relationship
execution of this judgment
godwin cocu klevor
grounds of an abuse of the court process
issuance of a writ of possession
judgment set
leave of the defendant
odai ayiku iv v
patience mills-tetteh
plain language
purported grant of a lease
re nungua chieftaincy affairs
root of interest
said judgment
said suit
set aside
statement of claim
store of the plaintiff
supreme court
supreme court case

RULING 

This is a motion by the defendant applicant herein to dismiss this action on  grounds of an abuse of the court process. The plaintiff commenced the instant  action seeking 14 reliefs which in sum, seek to restrict the enforcement of a  judgment obtained in Suit No BL 278/2007 – with the title; 

EDITH AKUYE ADDY, ADELAIDE EDNA ADDY v. AGNES ADOBEA JUMPAH and 2 ORS. Plaintiff instituted this action to restrain the execution of this judgment on the  grounds that he was not a party to the said suit and consequently he was a  stranger against whom the said judgment was being injuriously and adversely  executed.

The defendants entered appearance to the suit and refuted the claims made by  the plaintiff herein and contended that the plaintiff has no capacity to commence  the instant action against them since the plaintiff is not a stranger to the instant action but a tenant who traces his root of interest to a property for the 4th defendant herein who was the 1st defendant in the earl…

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