MADAM AMMA FOSUAA & ANOR. VS JUNCHEN ENTERPRISE LIMITED & 5 ORS.
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MRS. ANGELINA MENSAH-HOMIAH
Areas of Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case concerns a motion for consolidation of two lawsuits: CM/BDC/0339/2018 and CM/RPC/017/2018. The Plaintiffs argued that both suits involve the same parties, subject matter, and questions of law and fact. The Defendants opposed, citing differences in parties and issues. The court, after considering the submissions and relevant legal principles, refused the consolidation. It determined that the suits have more dissimilarities than similarities, and consolidation would cause undue delay and prejudice the rights of parties in one of the suits. The court emphasized that the ends of justice would be best served by trying the two suits separately, particularly given the pending appeal in one of the cases.
It is provided under Order 31 Rule 2 of the High Court (Civil Procedure) Rules 2014, C. I 47 that: Consolidation of proceedings“2. Where two or more causes or matters are pending in the same Court and it appears to the Court(a) That some common question of law or fact arises in both or all of them; or(b) That the rights to relief claimed are in respect of or arise out of the same transaction or series of transactions; or(c) That for some other reason it is desirable to make an order under this rule, the Court may order those causes or matters to be consolidated on such terms as it considers just, or may order them to be tried at the same time or one immediately after another, or may order any of them to be stayed until the determination of any other of them.
Counsel for the Plaintiffs moved this Court for an order of consolidation of the instant suit, with suit No. CM/RPC/017/2018. The basis for seeking this order can be found in paragraphs 4 to 7 of the affidavit in support as follows: 4. That the 1st Defendant on 5th March, 2018 caused his solicitor to issue out a writ form the registry of this Hon.
Court claiming the reliefs endorsed on the writ against the 1st Plaintiff in Suit No. CM/RPC/017/2018 titled Junchen Enterprise Limited Vrs. Ama Fosuaa pending before Commercial Court 2. 5. That subsequent to the issuance of the Writ Counsel for Defendants in instant suit who is also Counsel for Plaintiffs in suit No. CM/RPC/017/2018 caused service upon the 1st Plaintiff herein who is Defendant therein by substitution and obtained the Order in Commercial Court 2. (Exhibit SP1)6. That I was not aware of the commencement of legal action against the 1st Plaintiff by the 1st Defendant Company herein in Commercial Court 2 even as I received instructions to issue the writ against the Plaintiff Company and its Chinese employees from the registry of this Hon.
Court which case is pending before this Court.
7. That I am advised and verily believe same to be true that the issues, parties and subject matter in both suits are the same and pray this Court for an order of consolidation of both suits.
Counsel for the Defendants/Respondents (Respondents) opposed the application, with reasons contained in a 28-paragraphed affidavit filed on 31st May 2019. In paragraph 1 of the said affidavit in opposition, the defendants conceded that the 1st Defendant filed a suit on 5th March 2018, titled Junchen Enterprise Limited Vrs Ama Fosuaa, but it is for a liquidated claim of GH