REV. NANA ADJEI NTOW
V.
ERNEST SIAW AND OTHERS

(2015) JELR 69865 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/38/2014 ·  19 Nov 2015 ·  Ghana
CORAM
AYEBI J.A. (PRESIDING), TORKORNOO (MRS), J. A. , DOMAKYAAREH (MRS) J. A.
Core Terms Beta
court
action
suit
plaintiff
defendants
appeal
learned judge
learned trial judge
matter
motions court
page
parties
principle of lis alibi pendens
said house
view
cause of action
high court
order
suit no. c1
supreme court
amended statement of claim
ankomah case
careful analysis
careful studying
causes of action of the suits
central area
chief justice
close examination of exhibit
consolidated suit
different court
earlier suit number c1/28/2010
electoral commission
fundamental ground
justice assan
major structural repair
order of immediate ejection of the defendants
possible success of a suit
present defendants
property house number d10
receipt of the record of appeal
respect of a given matter
respondent stick
second defendant
similar writ of summons
suit c1
terms of the earlier suits
trial judge
trite learning
various assertions asseverations

JUDGEMENT

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 …

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