PROPHET DANIEL NKANSAH
V.
LANDS COMMISSION

(2018) JELR 108714 (HC)    
High Court  ·  SUIT NO. LD/0405/2017 ·  27 Feb 2018 ·  Ghana
CORAM
K. A. GYIMAH
Core Terms Beta
plaintiff
case
2nd defendant
suit no. bl
applicant
sikaratu obe
supreme court
abuse of the court
high court
respect
statement of claim
5th april
present action
writ of summons
2nd defendant’s enjoyment
addition of the lands commission
apollo cinema
apt description of the nature of the plaintiffs
ashanti goldfields co. ltd.
attorney-general
case of the 2nd defendant
common law principle
court of competent jurisdiction
defendants
different character
electoral commission
exhibit c
inter alia
interested party
interlocutory judgment
legal profession
number of occasions
numerous applications
plaintiff’s attention
plaintiff’s case
said matter
sister justice sittie
slight differences
subject matter
such useless applications
supreme court decision
transfer of the case
trial judge
various actions
various applications

R U L I N G ON MOTION ON NOTICE TO DISMISS WRIT OF SUMMONS  AND STATEMENT OF CLAIM AS BEING AN ABUSE OF THE PROCESS  OF THE COURT 

The plaintiff instituted the present action against the defendants on 5th April 2017  claiming certain reliefs endorsed on the writ of summons. The plaintiff applied for  interlocutory judgment in default of appearance the return date of which was 5th May  2017. The case was handed to my sister Justice Sittie to handle. On that day she drew  counsel for plaintiff’s attention to the fact that the case had already been dealt with on  a number of occasions and counsel should as such advise himself.  

Looking through the record, her Ladyship Justice Sittie had on 5th July 2016 dismissed  an action brought by the plaintiff against the 2nd defendant in respect of the same  subject matter as an abuse of the court’s process. The said matter is Suit No.  LD/0382/2016 Prophet Daniel Nkansah v. Sikaratu Obe. The said ruling has been exhibited by the defendant /applic…

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