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APPLICATION FOR JOINDER PURSUANT TO ORDER 4 RULE 5(2) OF CI 47
APPLICATION FOR JOINDER PURSUANT TO ORDER 4 RULE 5(2) OF CI 47
i. Introduction:
[1]. By a Motion on Notice filed at the registry of this Court on May 23, 2019, the Honourable Attorney General, Counsel for the Defendant/Applicant, the Applicant is seeking an order under Order 4 Rule 5 of the High Court (Civil Procedure) Rules, 2004 (CI 47) for the joinder of NII OKINE ADJEI and AGNOLA GHANA LTD as the Defendants in this suit.
[2] It is enacted in Order 4 r 5(2) (b) of CI 47
“(2) At any stage of proceedings the Court may on such terms as it thinks just either of its own motion or on application
(b) order any person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the proceedings are effectively and completely determined and adjudicated upon to be added as a party.”
[3] I note that the Applicant informed the Court a similar application is made in Suit No. GJ/1318/2018 titled GBEDESSI FOLLY-KLAN ADAMAH v JUDICIAL SERVICE OF GHANA & GHANA POLICE SERVICE. The parties agreed that the affidavit evidence filed should be applied in both cases as well as arguments of Counsel. The Plaintiff is opposed to the application and has an affidavit in opposition deposed to by one of his lawyers and filed on June 7, 2019.
ii. Arguments for and against the grant of the Application:
[4] In moving the application learned Counsel for the Applicants, Christiana Awoonor Anderson relied on the depositions as contained in the affidavit in support of the application and the attached exhibits. The pith and substance of the prayer is that on March 8, 2013 Her Ladyship, Avril Lovelace-Johnson (JA) sitting as an Additional High Court Judge at Tema delivered a judgment in the case of Kweinor Tei Kwablah v. Nii Okai Adjei and Another in Suit No. E1/17/2007 in favour of the Defendants. According to the Applicants the Judgment Creditors on August 27, 2015 obtained a Writ of Possession also from the High Court, Tema. It is the case of the Applicants that subsequently, a Court Demolition Order was obtained on July 25, 2017 and same was executed on February, 2018 in the presence of the Applicants.
[5] It is the case of the Applicant that the 1st Defendant/Applicant only sent officials to execute the Court Order and invited the personnel from the 2nd Defendant/Applicant to provide security. To that extent, it is deposed that the Applicants have no interest in the matter and therefore the right perso