MADAM AKOSUA AKYIAA V. KOFI POKU & 3 ORS

RULING

Dr. Poku Adusei, J.A.

Before this court is a motion on notice praying for an order to put the parties herein to their election in regards to two suits involving the same parties. The contention of the plaintiff was that the parties have the same cause of action pending at the Circuit Court and at the High Court, for which reason this court ought to stay one of the suits. Contrariwise, the defendants have resisted the application; they have argued that the parties to the disputes are not the same and that the reliefs being sought by the parties at the Circuit Court, Kumasi, and at the High Court, Kumasi, are also not the same.

The background to the instant application was that on 22nd April 2021 the 1st to 3rd defendants herein commenced an action at the Circuit Court Kumasi for declaration of title to H/No. Plot 21 Block N, Asokwa-Kumasi and for recovery of possession of same from the plaintiff herein. The claims of the defendants herein at the Circuit Court was based on a 2002 co…