This is a motion by the defendant applicant herein to dismiss this action on grounds of an abuse of the court process. The plaintiff commenced the instant action seeking 14 reliefs which in sum, seek to restrict the enforcement of a judgment obtained in Suit No BL 278/2007 – with the title;
EDITH AKUYE ADDY, ADELAIDE EDNA ADDY v. AGNES ADOBEA JUMPAH and 2 ORS. Plaintiff instituted this action to restrain the execution of this judgment on the grounds that he was not a party to the said suit and consequently he was a stranger against whom the said judgment was being injuriously and adversely executed.
The defendants entered appearance to the suit and refuted the claims made by the plaintiff herein and contended that the plaintiff has no capacity to commence the instant action against them since the plaintiff is not a stranger to the instant action but a tenant who traces his root of interest to a property for the 4th defendant herein who was the 1st defendant in the earl…