FKA COMPANY LTD. & ANOR V. COSMOS OSEI MENSAH & 2 ORS

BARTELS-KODWO, J.A:

BACKGROUND:

This is an appeal against the ruling of the High Court, Land Division, dated 7th June, 2021 dismissing the application by the 1st and 2nd Defendants/Applicants/Appellants (hereinafter called “the Appellants”) seeking an order of the High Court dismissing the Writ of Summons and Statement of Claim under Order 11 Rule 18 of the Rules of the High Court (C.I. 47). The nexus of the application was that the above mentioned processes occasioned a frivolous and vexatious abuse of the court process. The core of the Appellants’ reasoning for seeking the motion was that, according to Appellants, the Respondent’s basis for bringing the substantive action was that judgment in an earlier suit with Suit No. SOL/2/13 was executed without notice to him, and that at the time of execution he was in possession of the land in dispute. The Appellants claimed in his affidavit in support of the motion that the Respondent is merely an agent of the 3rd Defendant in the substantive…