DR. R.S. AMEGASHIE (SUBSTITUTED BY RICHARD MENSAH AMEGASHIE) & 3 ORS V. STERLING INDUSTRIES LTD & 3 ORS

JUDGMENT

1 Background

The plaintiffs on 19 May 2020 filed this application moving the Court under Order 33 of the Rules of Court, as well as the inherent jurisdiction of the Court seeking “for an order to take issues (i), (iii), and (iv) as preliminary issues”. According to the applicants, the prior determination of the issues shall “substantially dispose of the matter in this case”. The court directed the lawyers to file their written submissions on the matter, which both lawyers obliged. 

The antecedents of the suit are that on 27 August 2012, the plaintiffs commenced this action against defendants at the High Court Denu. On 21 March 2013, the plaintiffs amended their statement of claim against the defendants seeking the following reliefs:

i. Declaration that the Lease Agreement between the 1st defendant on one side and the 2nd, 3rd, and 4th defendants on the other in respect of the Amegashie Afeku Family land at Anlo-Afiadenyigba-Kpota is unlawful, null and void

ii. Recovery of possess…