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

By a motion on notice for joinder filed on 17th October 2022, the Applicant supplicates this Honourable Court to join FLORENCE DJAMBIA DODOO to this suit as the 3rd Defendant. Counsel for the Applicant moved the application in terms of the motion paper, the supporting affidavit and the annexure.

In stating the case for the Applicant, her Counsel submits that, by the instant suit, the Plaintiff/Respondent seeks a declaration of title to a parcel of land belonging to the Prince Robert Thomas Dodoo Family. Therefore, the Applicant as the Head of Family of the said Prince Robert Thomas Dodoo Family, has applied to join the suit. To substantiate and buttress her capacity, the Applicant exhibited the Ghana Gazette Publication No.7 of Friday, 17th January, 2020 (annexed as Exhibit “FDD” to the affidavit in support) where a “RESOLUTION OF GRANDCHILDREN OF PRINCE R. T. DODOO” signed by the Applicant (described as the Chairperson/Head of Family) and two (2) other persons is published. The exhibited Gazette Publication also contains a STATUTORY DECLARATION by four (4) named grandchildren of Prince Robert Thomas Dodoo including the Applicant, of House No. C2014/1, Adabraka, Accra.

Counsel for the Applicant contends that Prince R. T. Dodoo was the progenitor of the said Family (that bears his name) and that all his children are deceased leaving the grandchildren who are now in control and management of the properties of the Family.

It is also contended that Exhibit “FDD” completely puts the capacity of the Applicant beyond doubt and that, as the suit is essentially over ownership of the Prince R. T. Dodoo Family land, the Applicant, as Head of Family, is obviously a necessary party to be joined to the suit to ensure that all matters in dispute in the proceedings are effectively and completely determined and adjudicated upon once and for all.

The Defendants/Respondents are not opposed to the application as they have not filed any affidavit in opposition.

On the contrary, the Plaintiff/Respondent is vehemently opposed to the application and claims that one Benjamin Nii Darku Dodoo is rather the Head of Family and not the Applicant. In that regard, the Plaintiff/Respondent has exhibited Obituary Notices of deceased members of the Prince R. T. Dodoo Family in which the said Benjamin Nii Darku Dodoo is described as the Head of Family; but Counsel for the Applicant argues that the Obituary Notices cannot take precedence over the Gazette Publication (Exhibit “FDD”).

Aga