JUDGMENT
BRIEF HISTORY
Plaintiff issued a Writ of Summons against 1st and 2nd Defendants on 13th September 2007. 3rd Defendant was joined to the suit with leave of the court. The Court however decided to try the joinder separately. His Lordship Justice Owusu Ofori tried the case between Plaintiff and 1st and 2nd Defendants and gave judgment in favour of Plaintiff and dismissed 3rd Defendant’s Counterclaim on the grounds that 3rd Defendant’s claim was based on a grant from 1st and 2nd Defendant/ judgment debtors so there was no need to hear the case between Plaintiff and 3rd Defendant. 3rd Defendant appealed against this ruling, and on the 12th February 2015, the Court of Appeal granted the application and ordered that the case be remitted to the trial Court differently constituted for 3rd Defendant’s counterclaim to be heard on its merits.
The case file was re-assigned on 12th March 2015. Parties were ordered to file their Witness Statements on 13th May 2015, and set down…