MADAM ADWOA AYEBEAH ANTWI vs MICHAEL AMOAH ANTWI & ORS
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE NICHOLAS M. C. ABODAKPI J.
Areas of Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Applicant sought to dismiss a fresh suit filed on 17/01/2018, arguing it was related to a subject matter already adjudicated in a previous suit (SUIT NO. FAL/347/2012) with a final judgment delivered on 28/02/2017. The Respondent opposed, citing differences in parties and issues. The Court found the parties to be essentially the same and the issues overlapping, declaring the fresh suit an abuse of the Court process. The action was dismissed, costs awarded to the Applicant, and a notice to discontinue filed by the Respondent was also dismissed.
1. The 1st Defendant/Applicant herein, [hereafter called] Applicant filed a motion for an order dismissing Plaintiffs action on 22/01/2018. The application has been filed under ORDER 11 Rule 18(1)(b) and (d) pf the High Court, Civil Procedure Rules, C. I. 47/04. The affidavit in support has been deposed to, by the Applicant.
And here are Exhibits annexed.
They are: EXHIBIT ‘A’ – a writ filed on 29/05/2012 in the High Court, entitled: SUIT NO. FAL/347/2012 MICHAEL AMOAH ANTWI & 2 ORS VS JULIANA YAA ANSAH & 3 ORS.
EXHIBIT ‘A1’ is an amended statement of defence of Co-Defendant in Suit No. FAL/347/2012, on behalf of SAMUEL ADJEI ANTWI the Co-Defendant.
EXHIBIT ‘A2’ is the Application for Direction filed in the action.
EXHIBIT ‘A3’ is the Additional issues filed on 23/10/2012. EXHIBIT ‘A4’ is the Application for further Direction filed on 08/10/2012. EXHIBIT ‘A5’ is the Judgment of the Court in the action.
EXHIBIT ‘B’ is an Affidavit in Opposition deposed to by Madam Adwoa Ayebea in the same action.
EXHIBIT ‘C’ is an Order given by the Court on 29/07/2014. EXHIBIT ‘C1’ is proceedings held on 05/11/2014. EXHIBIT ‘D’ is a letter.
2. Samuel Agyei Antwi [hereinafter called Respondent], the Attorney of Plaintiff filed an affidavit in opposition to the application.
He has annexed to that one exhibit.
Exhibit ‘1’ the power of Attorney dated 24/06/2014. 3. FACTS Applicant’s case is that this fresh suit filed on 17/01/2018, is about the subject matter of an earlier suit, which has been adjudicated upon by a Court of competent jurisdiction.
The suit has been cited as: MICHAEL AMOAH ANTWI & ORS.
VRS JULIANA YAA ANSAH & ORS.
SUIT NO. FAL/347/2012 It has been stated that, the present suit if permitted to proceed will amount to re-litigation of a concluded case.
In support of that, the writ, which bears the suit number, namely FAL/347/2012, with Applicant’s name on it as the 1st Plaintiff, alongside Samuel Wilfred Amoah and Nana Kwasi Badu Acheampong, as the other Plaintiffs has been cited.
The writ showed that the Plaintiffs were acting on behalf of twelve others people and families.
These people re: 1. Jacob Antwi family of Abegyede clan of Larteh 2. Robert Ansong Kwame family of Asode clan of Larteh 3. Kwamee Yeboah family of Asode Clan of Larteh 4. Wilfred Appiah Amoah 5. Kofi Pipim family of Agyarkode clan of Larteh 6. John Kwasi Badu Achaempong family of Asode clan of Larteh 7. Yaw Larbi family of Asode of Larteh 8. Kwaku Odarno family of Asode c