ROSEMARY YEBOAH & ANO VS CHARLES KOFI BOAMPONG & ORS

In the Ghana High Court, Her Ladyship Justice Cynthia Wiredu considered an application by the fifth Defendant to the counterclaim, who had been appointed as Receiver/Manager of a Cape Coast hostel at the request of the third and fourth Defendants/Counterclaimants. The Applicant sought to be non-suited and removed from the case, citing academic and administrative commitments as a lecturer and Dean at Cape Coast Technical University and his PhD studies at the University of Ghana. He noted he had rendered regular monthly accounts, deposited with the court’s Registrar, and requested GHC500 per month from hostel revenues as compensation for his stewardship before handing over to a new caretaker. The application was opposed by the third Defendant/first Plaintiff in the counterclaim, who argued the Applicant was a necessary party and that his accounts must be scrutinized. Applying Order 4 Rule 5 (CI 47) on misjoinder, Order 27 Rule 4 on receiver remuneration, and Order 23 Rule 1 on admissions, the court held the Applicant has a legal interest and duty as Receiver/Manager and that his acceptance to render accounts amounts to admission. The court refused the application, emphasized avoiding multiplicity of suits, and made no order as to costs.