TORKORNOO (MRS) , J. A:
The Plaintiff/Appellant sued the same defendants in 2010 in an action numbered suit No C1/28/2010. That action was consolidated with another suit titled Nana Osei Atta and 3 others v. Rev Nana Adjei Ntow and another, and numbered C1/43/2010.
When Plaintiff commenced the action in this appeal numbered C1/38/2013 and the writ was served on the Defendants, they entered conditional appearance and filed an application to strike out this action as an abuse of the legal process. Their fundamental ground for the application was that ‘as far back as 2010, a similar writ of summons seeking almost the same reliefs’ had been issued against them. After listening to counsel, the learned trial judge struck out suit C1/38/2013.
On page 2 of his ruling he said “it seems to me that their various assertions asseverations and or depositions will after careful studying(SIC) their cases, boil down to whether the principle of lis alibi pendens will apply here or not. And after …