FUSEINI IBRAHIM vs SSGT. RTD JACK NII DARKU DODOO & ANOTHER

By a motion on notice for joinder filed on 13th March 2022, the Plaintiff/Applicant (hereafter called “the Applicant”) supplicates this Honourable Court to join BENJAMIN NII DARKU DODOO (hereafter called “the Joindee”) to this suit as the 2nd Plaintiff. Counsel for the Applicant moved the application in terms of the motion paper, the supporting affidavit and various Exhibits including:

· Exhibit A - Minutes of a Family meeting held on 8th October, 2017 at which meeting the Joindee was appointed as the current Head of Family of the Prince Robert Dodoo Family.

· Exhibit B - The Constitution of the Prince Robert Dodoo Family

· Exhibit C - Posters/Obituaries of Diana Darkuah Dodoo and Richard Nii Djan Dodoo (two deceased members of the Prince Robert Dodoo Family) in which the Joindee is described as the Head of Family and

· Exhibit D – A Writ of Summons in respect of SUIT No. GJ/1423/2020 in which the Joindee, as Head and Lawful Representative of the Prince Robert Thomas Dodoo Family commenced an action against some members of the Family.

Counsel for the Applicant contends that the Applicant’s deceased grantor, Michael Amponsah Dodoo, was succeeded by the Joindee, Benjamin Nii Darku Dodoo, as Head of his grantor Family and that joining the said Benjamin Nii Darku Dodoo to the suit is extremely necessary for the effective and effectual determination of all matters in controversy relative to the suit.

It is pertinent to state that, on 23rd March 2023 when the application was to be moved, the Court’s attention was drawn to a letter from Stanley Boye-Quaye Esq., Counsel for the Defendants/Respondents (hereafter called “the Respondents). In the said letter, delivered by the learned Counsel’s Clerk at 9:20 a.m. (at the Registry of this Court), the learned Counsel for the Respondents informed the Court that he was unable to attend Court that morning “… to object to the process filed”. Counsel therefore prayed that the pending application “to join Benjamin Nii Darko Dodoo as the 2nd Plaintiff to the suit” be adjourned “to the already agreed date of 8th May, 2023 ...”

Counsel for the Applicant strongly protested on the grounds that, “as required by law and procedure, if he has any opposition to the current application”, Counsel for the Respondents should have filed an Affidavit in Opposition if served with the Application for Joinder.

Nonetheless, in the interest of eternal justice, the Law Clerk of Counsel for the Defendants, who was in Court that morning, was