GH - ADZINAI KORMI VS SALOMEY ADZINAI & VINCENTIA TSWASAM

RULING – STRIKING OUT PLAINTIFF’S NAME

This is an application for and on behalf of the plaintiff/applicant hereinafter referred to as applicant praying the court to strike out his name as plaintiff in the matter.

I shall quote the relevant paragraphs as follow:

3. That my attention has been drawn to a Suit No. E1/23/2022 which I am the plaintiff in the matter.

4. That I did not issue that writ of summons and statement of claim.

5. That I am not the Head and lawful representative of Brahene Adzinae Family of Gbi-Wegbe.

6. That as a member of Brahene-Adzinai family, I do not know that the family own a large tract of land at Dzenana in Gbi-Wegbe.

7. That the lawyer who filed the writ of summons and statement of claim and using my name as plaintiff and head and lawful representative of Brahene Adzinae family should be thoroughly investigated.

8. That I never appeared before any lawyer to issue any writ and al cost incurred in the case directed to me should the lawyer who filed the writ or the one who authorised the lawyer to do so.

The defendants/respondents hereinafter referred to as respondents, did not file any affidavit in opposition.

SUMMARY OF SUBMISSION BY APPLICANT In moving the application, the applicant relied on the motion paper and the supporting affidavit.

In his submission, applicant repeated the averments in the affidavit in support as above.

As stated earlier that the respondents did not file any affidavit in opposition, in response to the application, Counsel for the respondents submitted that the respondents have no objection to the instant application.

ANALYSIS AND EVALUATION The applicant by himself has brought this instant application to have his name struck out of the suit as plaintiff.

Although counsel for the plaintiff (as he has represented the applicant as plaintiff in the suit) has been served and is aware of the instant application, counsel for the plaintiff failed to appear in court when the matter was fixed for hearing.

According to the applicant his attention has been drawn to a Suit No. E1/23/2022 which he is the plaintiff in the matter.

That he did not issue that writ of summons and statement of claim and he is not the Head and lawful representative of Brahene Adzinae Family of Gbi-Wegbe.

That as a member of Brahene-Adzinai family, he does not know that the family own a large tract of land at Dzenana in Gbi-Wegbe.

That the lawyer who filed the writ of summons and statement of claim and using his name as