KWAKU PEPRAH v. THE TENANTS

RULING:

MOTION ON NOTICE FOR AN ORDER TO STRIKE OUT WRIT UNDER

ORDER 2 RULE 3(2) AND ORDER 9 RULE 8

Background:

The Plaintiff on the 23rd of March 2023 issued a Writ at the Registry of this Court

against the Defendants, described as Tenants; seeking for the following reliefs;

i. An Order of eviction against the Defendants.

ii. An Order of perpetual injunction restraining the Defendants, their

assigns, privies or whomsoever from interfering with the property in

dispute.

iii. Costs including legal fees.

iv. Any other reliefs as the court may deem fit.

On the 24th of March 2023, the Defendants filed a Notice of Entry of Conditional

Appearance and on the 6th of April 2023, Counsel for the Defendants filed a Motion on Notice for an Order to strike out the Writ of Summons. The Affidavit

in Support of the Application, with Counsel for the Defendants being the

Deponent, deposed among others that from the Writ, the Plaintiff claims he is

suing tenants and no name was endorsed on the Writ to know the tenant he

indeed intended to bring before this court of competent jurisdiction. He deposed

further that it is trite that you cannot sue an unknown person and a Writ ought

to be endorsed with the name of the Defendants, the occupational and residential

address of the defendants but same was not done by the Plaintiff, neither was

any of the requirements fulfilled except for the address provided. He continued

that the tenants were put into occupation by Selina Opong, Esther Aboagye and

Mina Aboagye-Boafo, who are aunts to the Plaintiff and the Plaintiff could have

brought this action against his known aunties, especially when they were the

persons that put the tenants into possession and were at the Police station to give

their statements to the Police when a report was made by Plaintiff to the

Dansoman Police. Counsel concluded by praying the court to set aside the

Plaintiff’s Writ of Summons because the same has not been served on any known

person or Defendant in this suit.

In an Affidavit in Opposition deposed to by the Plaintiff herein, he stated among

others that every single tenant occupying the building was sued in their

capacities as occupants of the property, the subject matter of the instant suit. He

deposed further that he has been informed that civil actions such as the instant

one can be commenced against unknown persons including trespassers whose

immediate identities may be unknown to a Plaintiff at the time of commencing