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JUSTICE ARYEEQUAYE ARYEETEY AND SAMPSON ODENKEY ABBEY V. INSPECTOR GENERAL OF POLICE, SUPT. GEORGE KUMA, GA WEST MUNICIPAL ASSEMBLY AND THE ATTORNEY GENERAL

(2018) JELR 66299 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/38/2018  •  21 Jun 2018  •  Ghana

Coram
KORBIEH J.A. (PRESIDING), AYEBI J.A., SOWAH J.A.

Appearances
KWABEN ANKAMAH OFFEI-BADU FOR 2ND PLAINTIFF/RESPONDENT,ANKOMA MENSAH FOR 1ST PLAINTIFF/APPELLANT

Judgement

JUDGMENT

SOWAH, J.A.:

This is an interlocutory appeal by the 1st plaintiff/appellant against the Ruling of the High Court, Land Division Accra in which an Order was made for Sampson Odenkey Abbey, the 2nd plaintiff/respondent herein to be joined as the 2nd plaintiff in the pending Suit.

The Ruling is dated 16th December 2015 and is at pages 81-82 of the record of appeal. This appellate court is being prayed to set aside the said Ruling. The grounds of appeal are as follows:

Grounds Of Appeal:

i. The trial Judge erred in law when she granted the application joining the Applicant as 2nd plaintiff on a purely speculative ground of fear of being sidelined by the substantive head of family.

ii. The ruling dated 16th December, 2015 is against the weight of the evidence.

The argument of counsel for the 2nd plaintiff when his application for joinder was being moved at the trial court was that both the 1st plaintiff and the applicant were members of the same Okaifio family of Adjen Kotoku and Accra. …

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