ADINYIRA (MRS), JSC:
For purposes of clarity, it is essential to set out in chronological detail, the facts and dates of events, as the bone of contention in this appeal are, the due compliance with time set down by the rules of court and the principle of the audi alteram partem rule.
FACTS AND PROCEDURE:
On 17/3/2013, the occupant of the Asem stool, Nana Ampofo Kyei Baffour, the Plaintiff/Respondent/Appellant (the Plaintiff) instituted an action, per his lawful attorney, at the Fast Track High Court, Kumasi, against the 1st to 4th Defendants for a declaration that the parcel of land being occupied by the Defendants, forms part of Asem Stool lands. In time, the 2nd Defendant herein, Despite Company, applied for its grantor, the Ghana Railway Development Authority to be joined to the action.
The order for joinder made on the 13/5/2013 by the trial judge was as follows:
“Application for joinder of the Ghana Railway Authority as 5th Defendant is hereby granted. The Ghana Railway Authority is …