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February 20, 2019
HIGH COURT
GHANA
CORAM
RULING
APPLICATION FOR JOINDER PURSUANT TO ORDER 4 RULE 5(2) OF CI 47
Introduction
The parties in this suit have all filed their witness statements and presently there is an ongoing mini trial to determine who has the capacity to sue as Plaintiff as the parties (Plaintiffs) are unable to agree by themselves.
By a Motion on Notice filed at the registry of this Court on January 10, 2019, Mr. Daniyal Abdul-Karim and one Amadu Rufai, by their lawyers are seeking an order under Order 4 Rule 5(2) (b) of the High Court (Civil Procedure) Rules, 2004 (CI 47) to be joined in this suit as the Defendants.
It is enacted in Order 4 r 5(2) (b) of CI 47“(2) At any stage of proceedings the Court may on such terms as it thinks just either of its own motion or on application order any person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the proceedings are effectively and completely determined and adjudicated upon to be added as a party.”
The 2nd Defendant/Respondent has not taken any position in regards to the grant or otherwise of the application. The 1st Defendant, Lands Commission has always been absent despite the service of hearing notices. The Plaintiffs are however opposed to the grant of the application.
ii. Arguments for and against the grant of the Application:
In moving the application learned Counsel for the Applicants, Mr. Samani Zakari relied on the depositions as contained in the affidavit in support of the application and the attached exhibits. The pith and substance of the prayer is that the Applicants acquired the land in dispute from the 2nd Defendant and went ahead to obtain a land title certificate and are in possession of same. According to Mr. Zakari the 2nd Defendant has assigned its interest to the Applicants who have gone ahead to register their interest in accordance with law. Copies of the Land Certificates have been attached as Exhibit “DAK Series” to the application.
According to the Applicants it is necessary that they be joined to the suit because any order or judgment shall have an impact on them and therefore they should be heard as title holders who the 2nd Defendant has assigned its interest to. Counsel cited the Supreme Court case of SAM (No.1) v. ATTORNEY GENERAL [2000] SCGLR 104 and BONSU v BONSU (1971) 2 GLR 242 to support his submission. Mr. Zakari further submitted that prior to this action, in an earlier suit the 2nd Defendant’s title was
AI Generated Summary
This High Court ruling by Justice Kweku T. Ackaah-Boafo concerns a motion for joinder by Mr. Daniyal Abdul‑Karim and Amadu Rufai in a land dispute. The Applicants asserted they acquired the disputed land from the 2nd Defendant, Landline Properties Limited, and hold Land Title Certificates, making any judgment directly impactful on their rights. The 1st Defendant, Lands Commission, did not appear despite hearing notices; the 2nd Defendant took no position; the Plaintiffs opposed joinder, arguing redundancy (since the grantor is already a party), delay, and the risk of opening “floodgates.” The court undertook a jurisprudential review of Ghanaian and English authorities on joinder, distinguishing a narrow test and a wider discretionary approach, and emphasized the rule’s policy of avoiding multiplicity of suits. Finding the Applicants’ personal interests would be affected, the court granted joinder on terms: only the named Applicants are joined as 3rd and 4th Defendants; the request to join “for himself and others” was refused; costs of GH₵1,000 were awarded to the 1st Plaintiff and amendment of the suit title ordered within three weeks.