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NAKOTEY & ANOR
V.
TEYE & ORS

(2022) JELR 114282 (CA)

Court of Appeal 12 Apr 2022 Ghana
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Case Details

Suit Number:H1/29/2021
Judges:SOWAH J. A. (PRESIDING), OPPONG J. A., MENSAH-HOMIAH J. A.
Counsel:OSMAN GYAN FOR PLAINTIFFS/APPELLANTS IN 1ST SUIT AND DEFENDANTS/APPELLANTS IN SECOND SUIT JONATHAN ALUA FOR DEFENDANTS/RESPONDENTS IN 1ST SUIT AND PLAINTIFFS /RESPONDENTS IN 2ND SUIT
Location:Koforidua
Other Citations:[2022] DLCA 16053

JUDGEMENT

MENSAH-HOMIAH, JA:

INTRODUCTION

We have before us two appeals filed against a ruling of the Circuit Court, Odumase-Krobo, dated 3rd August, 2018. The said ruling was in respect of two motions filed pursuant to Order 23 rule 6 (1) of the High Court ( Civil Procedure) Rules 2004, C.I. 47 in two separate suits which were pending before that court, titled: (i) David Akwetey Nakotey (suing as head of Ami-Narh Family) & Edward Tetteh Nuertey v. Teye Joseph, Tetteh & Pastor Kwesi Emmanuel Suit No. C1/05/2011 (the 1st suit) and (ii) Teye Joseph & Teye Mathew Tetteh v. David Akweter Nakotey & Edward Tetteh Nuertey Suit No, A1/08/2017 (the 2nd suit).

It is observed that even though no formal order of consolidation had been made pursuant to Order 31 rule 2 of C.I. 47, the trial court proceeded to deliver one ruling as if the two suits had been consolidated. Since the parties to the two appeals, the subject matter and core issues for our consideration are virtually the same, these appeals w…

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