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JUSTICE ARYEEQUAYE ARYEETEY & ANOTHER v. INSPECTOR GENERAL OF POLICE & OTHERS

2018

COURT OF APPEAL

GHANA

CORAM

  • KORBIEH, J.A. (PRESIDING)
  • AYEBI, J.A.
  • SOWAH, J.A

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

The Court of Appeal, per Sowah J.A., allowed an interlocutory appeal arising from the High Court (Land Division, Accra) order joining Sampson Odenkey Abbey as second plaintiff in a family land suit brought by the appellant, the head of the Okai-Nkpa Okaifio family of Adjen Kotoku. The respondent sought joinder based on prior substitution with the appellant in a 1996 case and a fear of being sidelined if the appellant litigated alone. Emphasizing that only the head of family ordinarily sues to protect family land unless special circumstances under Kwan v Nyieni are proven, the court found no evidence of authorization, necessity, or other exceptions; the respondent’s speculative fears did not amount to necessity. Applying well-settled limits on appellate interference with discretionary decisions, the court held the trial judge misapprehended relevant facts and gave weight to irrelevant considerations. The court also addressed an unendorsed representative capacity on the writ as an amendable irregularity, granted leave to amend, removed the respondent as a party, and set aside the joinder order.

JUDGMENT