PHILIP KOJO ATTAKPAH VS AMOH EKOW DANIELS & 2 ORS

On the 7th day of February, 2023 the 1st Defendant/Applicant filed the instant Application praying the Court for an order joining one Dr. William Sam and Alhaji Mohammed Agbeve to this suit as the 4th and 5th Defendants.

The Application was resisted by the Plaintiff/Respondent.

It is trite law that in order to check against multiplicity of suits, anyone whose presence before the Court is necessary or to ensure that the dispute is effectively and completely determined and adjudicated upon must be added to the suit.

See Bonsu v Bonsu [1971] 2 GLR 242 and Enimil IV Ashanti [2012] 39 MLRG 48.

I take this to mean that the proper person to bring or defend an action must be someone who has an interest in the subject matter in dispute to make such a person a necessary party to such an action.

This therefore means that it is not anybody who is remotely connected with the subject matter is a necessary party.

A look at the Search Report, Exhibit A which forms the nucleus of the Application does not show that the Applicant trace his root of title to the subject land to the persons he is seeking to join to the Suits.

There is further evidence before me that the Applicant does not even know the residence or address of the persons he is seeking to join.

In the circumstance I accordingly dismiss the Application.

(SGD)

EMMANUEL AMO YARTEY (J)