NII MANTEY SACKEY & ANOR VS MAD. DOROTHY JOHNSON & ANOTHER

Per the instant Application whiles the Defendant/Respondent contends the issue between the parties be determined summarily, the Claimant contends evidence be taken.

Order 48 R 8 of C. I. 47 reads:

“where the Claimants consent or any of them so requests, or where the question in issue between the parties is a question of law and the facts are not in dispute, the Court may summarily determine the question in issue between the Claimants and make an order accordingly on such terms as my be just”.

A critical perusal of the affidavits evidence put the issues between the parties as follows:

1. Whether or not the grantor of the Claimant could grant the subject land to the Claimant during the pendency of the substantive action in the face of an Injunction Order.

2. Whether the Claimant had constructive knowledge of the action but failed to apply to join same to protect whatever interest he may have acquired.

3. Whether the Interpleader action instituted by the Claimant is an abuse of the Courts process and any other issue that may be raised by the parties.

It is therefore may considered view that since the issues between the parties are purely on points of law I shall take same summarily.

In the circumstance I hereby order the parties to file their written submission on the issues in contention on or before 30th June, 2023.

Case adjourned to 10th July, 2023 for Ruling.

(SGD)

EMMANUEL AMO YARTEY (J)