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EDWARD MENSAH TAWIAH & ANOR. AND EWORMIENYO OFOLI KWASHIE V. THE ATTORNEY GENERAL, THE TRUSTEES AND DANIEL OFOLI KWASHI

(2015) JELR 68048 (CA)

Court of Appeal  •  SUIT NO.H1/422/2014  •  26 Mar 2015  •  Ghana

Coram
OWUSU M. (PRESIDING), OFOE J.A., DORDZIE J.A

Judgement

RULING

MARIAMA OWUSU, J.A.

At the court’s sitting on the 24th of February, 2015 and in the course of moving an application to set aside the Order of Substitution granted by this court differently constituted, counsel for the 2nd defendant/appellant/respondent raised a preliminary legal objection to the application to set aside the Order of Substitution.

The ground for the objection was that, the applicant who is seeking to invoke the court’s jurisdiction to set aside the Order of Substitution dated 3-6-2013 is not a party to this suit. That is, he is a total stranger. Not being a party to the suit, he cannot ask this court to set aside any Order made by this court. This is trite law according to counsel for the 2nd defendant/appellant/respondent.

He continued that, if the applicant wants, he may apply to join the suit and if the court grants him that permission to join, then he can raise any issue he desires. Counsel referred us to Rule 30 of the Court of Appeal Rules 1997 (As amended) C.…

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