KWADWO KUMI vs KWADWO KUMI & ORS
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS. PATIENCE MILLS-TETTEH, J.
Areas of Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff, adversely affected by a judgment in a previous suit, initiated an action to restrain its enforcement, claiming to be a stranger to the suit. The defendants argued that the plaintiff, being a tenant of the 4th defendant in the earlier suit, lacks the capacity to bring the action, and failed to seek the court's leave to set aside the previous judgment. The court dismissed the plaintiff's action, holding that he is not a stranger, has no defense to the earlier action, and did not obtain the court's leave to challenge the prior judgment.
This is a motion by the defendant applicant herein to dismiss this action on grounds of an abuse of the court process.
The plaintiff commenced the instant action seeking 14 reliefs which in sum, seek to restrict the enforcement of a judgment obtained in Suit No BL 278/2007 – with the title; EDITH AKUYE ADDY, ADELAIDE EDNA ADDY v AGNES ADOBEA JUMPAH & 2 ORS.
Plaintiff instituted this action to restrain the execution of this judgment on the grounds that he was not a party to the said suit and consequently he was a stranger against whom the said judgment was being injuriously and adversely executed.
The defendants entered appearance to the suit and refuted the claims made by the plaintiff herein and contended that the plaintiff has no capacity to commence the instant action against them since the plaintiff is not a stranger to the instant action but a tenant who traces his root of interest to a property for the 4th defendant herein who was the 1st defendant in the earlier suit which judgment is being executed.
In Paragraphs 7, 8 and 9 of his statement of claim, the plaintiff stated that he obtained a tenancy agreement from one Godwin Cocu Klevor for a store in a commercial property situate in H/No. C110/4 Kokomlemle Accra and the said Godwin Cocu Klevor obtained his purported leasehold interest from one Agnes Adobea Jumpah, who is the 4th defendant herein and the 1st defendant in Suit No BL 278/2007. In the judgment to the Suit No BL 278/2007, His Lordship Ofosu Quartey declared the leasehold interest held in H/No. C110/4 Kokomlemle Accra, as unconscionable at law and was consequently set aside.
The said leasehold declared unconscionable and set aside by the High Court is the same that forms the basis for the purported grant of a lease by the 4th defendant herein to the said Godwin Cocu Klevor and out of which the plaintiff herein claims to hold a tenancy.
It is this judgment that is being executed upon the issuance of a writ of possession that caused the bailiffs of the High Court Accra to appear at H/No. C110/4 Kokomlemle Accra and lock up the store of the plaintiff herein in preparation for his eviction after his rejection of the invitation to attorn tenancy to the 4th defendant herein.
The defendant applicant argued further that the plaintiff cannot bring this action since he has no defence to the earlier action whose judgment affected him injuriously and consequent upon which he brings this action to set it aside.
It is the applicant’s case that