GN RE-INSURANCE COMPANY LIMITED vs JOSEPH BOSSMAN & ANOTHER

By a motion on notice for joinder filed on 30th September 2022, NII ODOI KWAO II (a.k.a ROBERT KOOMSON) as Head of the Nii Odoi Kwao Family of Osu supplicates this Honourable Court to be joined to this suit as the 3rd Defendant. Counsel for the Applicant moved the application in terms of the motion paper and supporting affidavit together with the further Supplementary affidavit in support.

It is the case of the Applicant that his Family is the allodial owner of the land in dispute as well as large tracts of land known as the Akenetso Lands dating as far back as 1810 (as indicated in Exhibit K) and that, same was confirmed in the famous Kokomlemle Consolidated cases.

The Applicant also submits that, one Albert Emil Bickel, a Swiss National, deceased without any known heir or successor acquired the land in dispute (which now appears to be abandoned) from the Applicant’s Family. Therefore, the Applicant contends that his Family, as allodial owners, are entitled to the reversionary interest of the land in dispute.

On those grounds, it is the Applicant’s contention that he is a necessary party to be joined to protect the interest of his Family and to avoid multiplicity of suits where several people are laying claim to the land, the subject matter of the instant case.

In concluding his submissions in respect of the motion, Counsel for the Applicant commented on the Affidavit in Opposition filed by the Plaintiff/Respondent by referring to Exhibit A attached to the Supplementary Affidavit in Opposition filed on 30th November, 2022. The said Exhibit A, is a motion on notice for Relistment of Suit No. LD/1303/17 in which the Applicant was the 2nd Defendant and the Plaintiff/Respondent herein was the 1st Defendant.

It is argued that, at all material times, the Plaintiff/Respondent knew the Applicant as somebody whose Family has an interest in the land in dispute and yet when the Plaintiff/Respondent took out the Writ of Summons in the instant suit he rather sued Joseph Bossman and the Korle Wulomo leaving out the Applicant.

Counsel for the Applicant therefore submits that, the affidavit in opposition does not address the legal point in this matter when an Applicant has demonstrated clearly that he has an interest to be protected in the land in dispute and ought to be joined. Therefore, it is strongly submitted that the affidavit in opposition be ignored by the Court and the Application granted to enable the Court determine all issues and controversies effective