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June 12, 2023
HIGH COURT
GHANA
CORAM
The Appellant Nii Solomon Mintah Ackah has filed an application to set aside an order of interlocutory injunction granted by this court on the 6th of April, 2023. He deposes to the fact that he is the head of the 8th Defendant family.
It is interesting to note that the said applicant has not entered appearance on behalf of 8th defendant family and files this application in his personal capacity that is why he states his name as the applicant.
If indeed he is the head of the 8th defendant then he ought to do the right thing and file the necessary process.
On record, another has entered appearance as the head of family of the 8th defendant.
It is trite that the court will not entertain busy bodies who are not parties in a suit.
The applicant in this instance has capacity to bring the instant application before this court.
If indeed he is the head of family of the 8th defendant then he ought to enter appearance or at best as counsel for plaintiff submitted applied to be joined as a party to the suit.
Furthermore he is not immune to this court.
Thus his application to set aside the order of this court is struck out as incompetent.
The preliminary legal objection sustained.
BY COURT: No order as to Costs.
Suit to take normal cause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
H/L. PRISCILLA DAPAAH MIREKU(MRS. )(JUSTICE OF THE HIGH COURT).
AI Generated Summary
The High Court, presided over by Her Ladyship Priscilla Dapaah Mireku, addressed an application by Nii Solomon Mintah Ackah seeking to set aside an interlocutory injunction granted by the same court on 6 April 2023. Ackah asserted he is the head of the 8th Defendant family but filed in his personal capacity and had not entered appearance for the family; the record shows another individual had already entered appearance as the family’s head. Emphasizing the procedural principle that courts do not entertain non-parties or those without proper standing, the court concluded that if Ackah truly represented the 8th Defendant family, he should have entered appearance or at least sought joinder, as plaintiff’s counsel argued. The court sustained a preliminary objection to capacity and struck out Ackah’s application as incompetent, made no order as to costs, and directed the suit to proceed on the normal cause list.