WINFRED KUMA APAWU
V.
SOLOMON TETTEY & ANOR.

(2019) JELR 107454 (HC)    
High Court  ·  LD/0998/2018 ·  30 Aug 2019 ·  Ghana
CORAM
NICHOLAS M. C. ABODAKPI
Core Terms Beta
applicant
court
application
affidavit evidence
cost of gh
counsel
lord
necessary party
plaintiff
4th time
action
affidavit
applicant’s participation
case
claim
conditions
considerable delay
consideration
cost
decrease
defendant
delay
earlier decision
facts
grant of the application
indemnity
interest
issue of cost
issue of costs
land mark election petition
matter
number of conditions
occasions
opposition
order of joinder
paragraph
participation of the applicant
parts of pleadings
party
pocket
previous occasion
reason
reference
reliefs
subject matter of the litigation
submissions
substantive action
successful applicant
supreme court decision
today

BY COURT RULING

1. In the application for joinder there are a number of conditions to be established by a successful Applicant. The land mark election petition, entitled NANA AKUFFO ADDO V. JOHN MAHAMA, 2013/14 SCGLR, contains those conditions. The Applicant must establish that he has interest in the subject matter of the litigation and will be affected directly by the outcome of the decision. Because he may be affected in his pocket or asked to indemnity a party in the litigation.

It must be established that, Applicant is a necessary party in that the action cannot be disposed of effectively and efficiently without the participation of the Applicant.

Finally it must be shown that Applicant’s participation will avert multiplicity of suits.

2. When the affidavit evidence comes for consideration the reliefs indorsed in the substantive action is a relevant factor in the decision to make. The issue of cost and delay that may be occasioned by the grant of the application or ot…

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