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THE REPUBLIC V. HIGH COURT EXPARTE FARID DANIEL SALLOUM & THREE OTHERS; CHARLES SENYO COKER (INTERESTED PARTY)

(2011) JELR 106960 (SC)

Supreme Court  •  J5/4/2011  •  16 Mar 2011  •  Ghana

Coram
DR. DATE-BAH JSC (PRESIDING) DOTSE JSC (DISSENTING) YEBOAH JSC ARYEETEY JSC AKOTO -BAMFO (MRS) JSC

Judgement

RULING

ANIN YEBOAH JSC

The applicants in this case have invoked the supervisory jurisdiction of this court to quash by certiorari the order of the High Court, Accra dated the 29/09/2010. The applicants and the interested party do not dispute the facts of this application.

Briefly, the facts are as follows: On the 29/11/2001 the applicants as plaintiffs instituted an action against one John Wilson Akoto in suit number L653/2001 for reliefs of ejectment, arrears of rent menses profit and interest on the outstanding rent. One Charles Senyo Coker who is the interested party to this application applied to be joined as co-defendant. It appears that the application for joinder though filed on record was not moved and same was accordingly struck out on 20/10/2005 for want of prosecution. No procedural effort was made to either relist or repeat the application. On the 19/04/2006, however, the said Charles Sanyo Coker and Charles Duamoah Bortey commenced as action at the High Court, Accra as suit …

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