Customer Support

OSAMANPA ESTATES
V.
ISSIFU ALI & ASHIE DJANIE

(2017) JELR 108608 (HC)

High Court 31 Jan 2017 Ghana
BriefBot icon

BriefBot Summary

Free

- The consolidated suit involves two separate cases, Suit A and Suit B. - The court emphasizes the importance of delivering separate judgments in each suit and maintaining the individual identity of each case. - The issue of valid title to

Case Details

Suit Number:CONSOLIDATED SUITS: C1/18/09 AND IRL418/10
Judges:JUSTICE ELIZABETH ANKUMAH (MRS)
Counsel:COUNSEL FOR PLAINTIFF (SUIT A): KOBINA DARKO ASIEDU ESQUIRE COUNSEL FOR 1ST DEFENDANT IN SUIT A; ALSO PLAINTIFF IN SUIT B: KWAMI ADOBOR ESQUIRE COUNSEL FOR DEFENDANTS IN SUIT B: D.O. LAMPTEY ESQUIRE COUNSEL FOR DEFENDANT TO DEFENDANTS’ COUNTERCLAIM IN SUIT B: EDWARD ANOKYE ESQUIRE.

 JUDGMENT 

This is a consolidated suit. The suit with Number C1/18/09 shall be  referred to as Suit A and case numbered IRL 418/10 shall be referred  to as Suit B

In the case of Agboado v. Fiankor (1995 – 1996) 1 GLR 278 at  281, the Court of Appeal speaking through Justice Benin JA (as he then  was) stated the position of the law with regards to consolidated suit as  follows: 

“An important incidence of consolidating cases is to enable the hearing  to be facilitated and expedited. But another equally important incidence  of consolidation is that a separate judgment must be delivered in each  suit. Thus the individual identity of each of the consolidated suits must  be maintained throughout the proceedings up to execution.” 

The court laid down the rule that the trial court ought to be guided by  the various incidences associated with the consolidation. Thus in a  consolidated suit: 

a) A separate judgment has to be delivered in each suit; 

b) The individual identity of each of the consoli…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.