POWELL ABRAHAM ASHIRIFI
V.
ADEHYIE ESTATES

(2018) JELR 108726 (HC)    
High Court  ·  SUIT NO. LD/1115/2017 ·  19 Dec 2018 ·  Ghana
CORAM
K. A. GYIMAH
Core Terms Beta
plaintiff
applicant
3rd defendant
action
court
suit no. fal
supreme court
ashirifi botwe
high court
issue of capacity
preliminary issue
decision
family lands
grounds of capacity
head of the nii amoah okromansah family
issues
abuse of the court
grounds of the plaintiff
plaintiff’s action
1st defendant
2nd defendant
acting head of the nii amoah okromansah family
ample opportunity
applicant’s case
applicant’s submissions
civil procedure
current 3rd defendant
early stage
family member
further order of perpetual injunction
general rule
grantors of the 1st defendant
interested party
original parties
original writ
plaintiff’s family land
plaintiffs’ suit
plethora of decisions
present application
said application
sister afia serwah asare-botwe
support of his case
want of capacity
william ashirifi ashong

RULING ON APPLICATION TO STRIKE OUT INSTANT SUIT

Introduction 

The original writ in this suit was issued on 18th October 2017 and the original parties  to the action were the plaintiff and the 1st defendant, Adehyie Estates. The 2nd defendant, the grantors of the 1st defendant later applied to join the action and they  were joined on 10th January 2018. One William Ashirifi Ashong who referred to  himself as the acting head of the Nii Amoah Okromansah family and the Mankralo of  Amrahia later applied to join the suit as a 3rd defendant to defend the interest of the  said family which application was granted on 7th March 2018. 

The current 3rd defendant and the applicant herein who refers to himself as the chief  of Amrahia and the head of the Nii Amoah Okromansah family applied to join the suit  as a 3rd defendant and to disjoin the original 3rd defendant William Ashirifi Ashong.  The said application was not opposed by the plaintiff and it was granted by the court  on 12th June 2018. …

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