EMMANUEL QUAYNOR & ORS vs THELMA YORK & ANOTHER

This is an application invoking the inherent jurisdiction of this Honourable Court to dismiss the instant suit filed on 12th January 2023 on the grounds that same is an abuse of court process. The material facts upon which the application is launched are as follows:

The 1st Defendant and the 2nd Defendant/Applicant (hereinafter referred to as “the Applicant”) instituted an action at the Circuit Court, Accra on 14th September, 2020 against one Judith Sackey in a suit intituled - Thelma Yorke & Anor vrs. Judith Sackey [Suit No. C1/05/2021]. The said Writ of Summons is attached to the affidavit in support of the application as Exhibit “AS01”.

Subsequently, on 28th September 2020, George Albert Sackey, the 3rd Plaintiff/Respondent (hereinafter referred to as “the Respondent”) applied to be joined to the suit as the 2nd Defendant and was accordingly joined on 8th October 2020. The said Joinder Application is attached to the affidavit in support as Exhibit “AS02”.

Pursuant to the grant of the said Joinder, an amended Writ of Summons (and Statement of Claim) dated 18th December 2020 was subsequently served on George Albert Sackey (the Respondent herein) and Judith Sackey. The amended Writ of Summons is attached to the affidavit in support as Exhibit “AS03”. The Defendants then filed their Statement of Defence on 8th January, 2021 (attached to the affidavit in support as Exhibit “AS04”).

After a full trial, the Circuit Court, presided over by His Honour Kwabena Kodua Obiri-Yeboah, subsequently delivered judgment in favour of the Plaintiffs against the Defendants on 16th August, 2022. The judgment is attached to the affidavit in support as Exhibit “AS05”.

Being aggrieved and dissatisfied with the said judgment of the Honourable Circuit Court, the Respondent herein and the said Judith Sackey caused their lawyer to appeal against the decision of the Circuit Court to the Court of Appeal. The Notice of Appeal is attached to the affidavit in support as Exhibit “AS06”.

The Appellants also filed applications for Stay of Execution both at the trial court and the appellate court, but both applications were dismissed. See the proceedings of both courts in respect of the dismissed applications attached to the affidavit in support as Exhibit “AS07”.

On 12th January 2023, the instant suit and an application for interlocutory injunction were filed by the Respondents to restrain the Applicants herein from dealing with the subject matter of this suit, which is the same pi