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SETH BORTEY V. JONATHAN BORTIER

(2019) JELR 91979 (HC)

High Court  •  SUIT NO. AL. 28/04  •  5 Mar 2019  •  Ghana

Coram
JUSTICE DENNIS ADJEI

Judgement

JUDGMENT

ADJEI, J.A.

This suit has a chequered history and it will be proper to chronicle the events which took place after its institution on 8th February, 1996. The suit, which was originally instituted by five plaintiffs against three defendants, was instituted as:

“1. Amui Kwabla, 2. Borte Alabi Compagne, 3. Tawiah Nee Whang, 4. Emmanuel Angenu, and 5. Alexander Borketey Borlabi, elders and successors of Naa Oduaa Family

v

1.  Emmanuel Otchweman Annang, 2. Solomon Leo Bortey-Quaye, and 3. J.B Borlabi”

The original third Plaintiff, Tawiah Nee Whang, appointed Nii Sei Borketey Logodzo as his Attorney. The Attorney, Nii Sei Borketey Logodzo was subsequently substituted for his prinicipal, Tawiah Nee Whang, as the third Plaintiff in the original suit. The substituted third Plaintiff filed a separate statement of claim which made his interest adverse to that of the other plaintiffs. This resulted in a misjoinder. Consequently, the third Plaintiff was struck out of the case as the third Plain…

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