ABBEYMAN FAMILY AND NAA DODI AKAIBI III V. EXECUTIVE SECRETARY LANDS COMM AND LANDLINE PROPERTIESLIMITED

RULING

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

Introduction

[1] On March 2, 2016 this Court granted the 2nd Plaintiffs’ application for joinder and she subsequently filed her statement of claim and same was amended pursuant to this Court’s leave granted on April 3, 2017. The 2nd Plaintiff’s Amended Statement of Claim was filed on April 13, 2017.

[2] Now, by a Motion on Notice filed at the registry of this Court on April 12, 2017, the 1st Plaintiff “Abbeyman Family suing per its Lawful Head of Family and Representative Jacob Nii Ahele Buabeng”, by his lawyers are seeking an order under Order 4 Rule 4(d) (b) of the High Court (Civil Procedure) Rules, 2004 (CI 47) for the “2nd Plaintiff to cease to be a Plaintiff and be joined as a Defendant”.

[3] It is enacted in Order 4 r 4(d) of CI 47

“(4) If claims in respect of two or more causes of action are included by a Plaintiff in the same action, or if two or more Plaintiffs or Defendants are parties to the same action and it…