S. T. F. COMPANY LTD vs GEORGE ANDERSON & ORS
October 28, 2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE AMOS WUNTAH WUNI
Areas of Law
- Civil Procedure
- Probate and Succession
- Property and Real Estate Law
October 28, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court of Ghana addressed an application to join a party in a land dispute at Labone. The Plaintiff, relying on a lease granted by the Lands Commission (3rd Defendant), sued George Anderson, describing him as a squatter and seeking ejectment. George Anderson responded that the land forms part of the estate of David Anderson and identified Juliana Anderson and the late Kwame Anderson as administrators. Juliana Anderson applied to join as the surviving administrator. The Plaintiff opposed, invoking Davies v. Randall to challenge her capacity and also sought the disjoinder of the 1st Defendant. Referencing the High Court Civil Procedure Rules, especially Order 4 Rule 5 and the joinder framework, the court found Juliana Anderson a necessary party, ordered her joinder as 4th Defendant, directed service and amendment of the writ within fourteen days, and awarded costs of GH2,000 against the Applicant.
Order 4 Rule 5 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) which is the applicable rule of court relative to the instant application for Joinder provides:
“Misjoinder and non-joinder of parties
5. (1) No proceedings shall be defeated by reason of misjoinder or non-joinder of any party; and the Court may in any proceeding determine the issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the proceedings.
(2) At any stage of proceedings, the Court may on such terms as it thinks just either of its own motion or on application
(a) order any person who has been improperly or unnecessarily made a party or who for any reason is no longer a party or a necessary party to cease to be a party;
(b) order any person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the proceedings are effectively and completely determined and adjudicated upon to be added as a party.”
The Plaintiff/Respondent in this suit contends that it holds a leasehold interest in respect of a piece or parcel of land situate at Labone granted by the Lands Commission (3rd Defendant). In taking possession of the land, the 1st Defendant claimed its ownership. The Plaintiff/Respondent then issued the instant writ against the 1st Defendant/Respondent, George Anderson, who Plaintiff described as a squatter in the property. However, in his Statement of Defence, 1st Defendant/Respondent averred that he is not a squatter but a beneficiary of the Estate of one David Anderson (deceased) and that the property forms part of the estate of the deceased. The 1st Defendant further pleaded that the Administrators of the Estate are the Applicant herein and one Kwame Anderson (who died on 24 July 2020). Subsequently, the Applicant applied to join the suit, claiming to be the sole surviving Administrator.
The Plaintiff/Respondent is vehemently opposed to the joinder of the Applicant on the grounds that the purported Letters of Administration having been granted to joint-administrators, the Applicant lacks capacity to act alone without being appointed as sole Administrator of the Estate or another person being appointed to replace the deceased Administrator.
The Learned Counsel for the Plaintiff referred to the seminal case of DAVIES v. RANDALL [1964] GLR 671 where the court held that, where Letters of Administration were granted jointly, a co-administrator co