judy.legal
Login Register

JANE ARTHUR v. JANE ARTHUR

(2019) JELR 107305 (HC)

High Court  •  LD/0007/2019  •  28 Feb 2019  •  Ghana

Coram
NICHOLAS M.C. ABODAKPI

Judgement

BY COURT: RULING

This application under consideration is one which has been made under ORDER 4 Rule 2 of C.I. 47/04. The rule provides for joinder of causes of action.

The deposition in support is made by one Vanessa Badu-Asante, a law clerk of the law firm for the Applicant, she laid claim to the consent and authority of Applicant, to make the deposition in support.

Firstly, placing reliance on EXHIBIT ‘EO1’ a leasehold agreement, dated 10/11/2015 made between Nii Aryee Anang and Eugene Oduro Yeboah (Applicant herein), Applicant contends that, he is the proper party to be sued and not Richard Asamoah, who is his workman or Agent, as it were.

In viva voce submission, Counsel referred to the rules of procedure and stated the application be granted to avoid multiplicity of suit.

The application has been opposed on two grounds:

1. That the application is for an order of substitution, and therefore it can only be made in two situations, namely, death and bankruptcy.

2. That E…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login