ABBEYMAN FAMILY AND NAA DODI AKAIBI III (PLAINTIFFS/RESPONDENTS) V. EXECUTIVE SECRETARY LANDS COMM AND LANDLINE PROPERTIES LIMITED (DEFENDANTS/RESP) DANIYAL ABDUL-KARIM (SUING FOR HIMSELF AND ON BEHALF OF OTHER LAND OWNERS) AND AMADU RUFAI

RULING

ACKAAH-BOAFO, J.

APPLICATION FOR JOINDER PURSUANT TO ORDER 4 RULE 5(2) OF CI 47

i. Introduction

[1] The parties in this suit have all filed their witness statements and presently there is an ongoing mini trial to determine who has the capacity to sue as Plaintiff as the parties (Plaintiffs) are unable to agree by themselves.

[2] By a Motion on Notice filed at the registry of this Court on January 10, 2019, Mr. Daniyal Abdul-Karim and one Amadu Rufai, by their lawyers are seeking an order under Order 4 Rule 5(2) (b) of the High Court (Civil Procedure) Rules, 2004 (CI 47) to be joined in this suit as the Defendants.

[3] It is enacted in Order 4 r 5(2) (b) of CI 47

“(2) At any stage of proceedings the Court may on such terms as it thinks just either of its own motion or on application

(b) order any person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the proceedings are effectively and completely determine…