ADZINAI KORMI VS SALOMEY ADZINAI & VINCENTIA TSWASAM
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JOAN EYI KING
Areas of Law
- Civil Procedure
AI Generated Summary
Her Ladyship Justice Joan Eyi King of the High Court considered an application by the named plaintiff in Suit No. E1/23/2022 to strike out his own name, asserting he never authorized the writ or statement of claim and was not head or lawful representative of the Brahene Adzinae Family of Gbi-Wegbe. The applicant, a family member, denied knowledge of any family land at Dzenana, Gbi-Wegbe, and asked that the filing lawyer be investigated and bear costs. The respondents filed no opposition and their counsel did not object. The record showed the writ was issued by a lawyer; plaintiff’s counsel failed to appear and later purported to withdraw without informing the applicant. Applying CI 47 rules, Order 11 rule 18(1)(a), and authorities including Spokesman v Attorney-General, Tengey v Doe, and Ex parte Josephine Akita, the court found the action was commenced without authority. It therefore granted the application, struck out the writ, and awarded GHS 3,000 each to the applicant and the defendants against counsel, Togbe Ayim IV, with all other costs to be charged against him.