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DR. DAVID MENSAH & ORS V. ALHAJI ZAKARIA & ORS

(2022) JELR 110038 (CA)

Court of Appeal  •  HI/2/2017  •  24 Jun 2022  •  Ghana

Coram
CORAM: V. D. OFOE, JA (PRESIDING) J. BARTELS-KODWO (MRS.), JA S. R. BERNASKO ESSAH (MRS.),

Judgement

V. D. OFOE

The relevant Order and its rules, Order 4 rule 6, for determining this appeal we quote hereunder

Change of parties by reason of death or bankruptcy

6(1) Where a party dies or become bankrupt but the cause of action survives the action shall not abate by reason of the death or bankruptcy.

(2) Where at any stage of the proceedings the interest or liability of any party is assigned or transmitted to or devolves upon some other person, the court may, for the effective and complete determination of the matters in dispute, order that other person to be substituted for the first named party.

(3) An application for an order under this rule may be made ex parte

(6) The person on whose application an order is made under this rule shall procure it to be noted in the Cause Book by the registrar and after it is so noted the person shall unless the court otherwise directs, serve the order on every other party to the proceedings or who becomes or ceases to be a party by virtue of the order.

(7) …

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