This ruling is in respect of motion on notice filed by the defendant for an order to stay proceedings or dismiss the suit.
According to the defendant/applicant, he has been sued by the plaintiffs/respondents in this court for a declaration of title to two plots of land lying and situate at Aplaku measuring 70x200 and described as Parcel 13 of Section 260 Block 39, Aplaku, Greater Accra at the Land Title inter alia. Meanwhile, the parties in this suit, as well as, the subject matter are the same in Suit No. C1/182/08 entitled Evans Kofi Arthur and Victoria Mould v. Mr. Addo, pending at the Circuit Court, Accra. Since the Circuit Court suit is still pending, the current suit is abuse of the process of the court, so proceedings in it should either be stayed or it must be dismissed.
The plaintiffs/respondents have opposed the application. According to them, a Notice of Discontinuance with liberty to apply was filed at the Circuit Court which clearly shows that the plaintiffs/responden…