ANTHONY SAKYI VS KOFI ADJEI BOADI & ANOR
June 17, 2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Tort Law
June 17, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court, presided over by Justice Gifty Agyei Addo, addressed an interlocutory application in a suit where the plaintiff sought declaratory and injunctive reliefs, damages and costs against Kofi Adjei for alleged unlawful entry and destruction of building materials on his land. After an earlier order had joined Ga West Municipal Assembly as 2nd defendant, the 1st defendant applied to non-suit Ga West and instead join Ga South Municipal Assembly, explaining the earlier joinder was erroneous and that his defence identified Ga South as responsible. Upon hearing counsel and assessing the affidavit and pleadings, the court found Ga West was not a necessary party, ordered it non-suited, and joined Ga South to permit proper investigation of alleged liability. The application was granted pursuant to Order 4 Rule 5 of C.I. 47, the suit title was to be amended with specific timelines, and costs of GHC800 were awarded to the plaintiff.
On the 28th of August, 2018, the Plaintiff instituted the present action against one Kofi Adjei as Defendant for the following reliefs as endorsed on the writ of summons and statement of claim: i. A declaration that the entry upon and destruction of building materials on the Plaintiff’s land by the Defendant is unlawful.
An order for perpetual injunction to prevent the Defendant either by himself, his agents, workmen or privies from entering upon the Plaintiff’s property or in any way interfering with the Plaintiff’s quiet enjoyment of his property.
Special damages in the sum of GH₵37, 850. 00 being the value of the building materials destroyed by the Defendant on the Plaintiff’s land.
General damages for trespass.
v. Costs.
The Defendant entered conditional appearance on 5th September, 2018. The conditional appearance was however not followed up with a pursuant application as expected under Order 9 Rule 8 of the High Court (Civil Procedure) Rules, 2004 (C. I. 47). Same therefore ripened into unconditional appearance per Order 9 Rule 7 of C. I. 47. The Defendant subsequently filed a defence to the action on 13th of November, 2018, principally alleging, per paragraph 20 of his statement of defence, that it is rather the Ga South Municipal Assembly which is responsible for the acts alleged by the Plaintiff and not him.
On the 1st of February, 2019, the Defendant filed a motion on notice for the joinder of the Ga West Municipal Assembly as 2nd Defendant.
The basis for the joinder, he stated, was by reason of the fact that the alleged acts complained of by the Plaintiff was perpetuated by the Ga West Municipal Assembly for which the latter should be joined to the suit to answer the issues raised by the Plaintiff.
The application was granted on 18th February, 2019, following which an amendment was made to the suit to include the Ga West Municipal Assembly as the 2nd Defendant.
The 1st Defendant by the instant application seeks to non-suit the Ga West Municipal Assembly and for the joinder of the Ga South Municipal Assembly as 2nd Defendant by reason of the fact that he erroneously sought the joinder of the former Assembly when indeed it was the latter he meant.
I have read the affidavit in support of the instant application with its exhibits.
I have also had regard to the opposition as well as heard both Counsel on the matter and it is my considered view that the Ga West Municipal Assembly should be non-suited, same not being a necessary party to the