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R U L I N G
ANIN YEBOAH JSC:
The applicants in this case have invoked the supervisory jurisdiction of this court to quash by certiorari the order of the High Court, Accra dated the 29/09/2010. The applicants and the interested party do not dispute the facts of this application.
Briefly, the facts are as follows: On the 29/11/2001 the applicants as plaintiffs instituted an action against one John Wilson Akoto in suit number L653/2001 for reliefs of ejectment, arrears of rent menses profit and interest on the outstanding rent. One Charles Senyo Coker who is the interested party to this application applied to be joined as co-defendant. It appears that the application for joinder though filed on record was not moved and same was accordingly struck out on 20/10/2005 for want of prosecution. No procedural effort was made to either relist or repeat the application. On the 19/04/2006, however, the said Charles Sanyo Coker and Charles Duamoah Bortey commenced as action at the High Court, Accra as suit No. BL 393/06 claiming against the 1st and 3rd applicants herein the reliefs of an order restraining the defendants from ejecting the plaintiff until the determination of the agreement between the plaintiffs and the late Jacob Daniel Salloum, injunction against the defendants and each of their agents, servants, workers, assigns and privies restraining them from interfering with the plaintiff’s quite enjoyment of the remaining term of their agreement with Jacob Daniel Salloum ,and cost.
Subsequent to the filing of the writ, the plaintiffs in the suit No.BL393/2006 were granted an interlocutory injunction on the 17/04/2007 by Abada J., restraining the first and third applicants herein. According to the affidavit of the first applicant, after the grant of the interlocutory injunction the parties to the suit have not pursued the action. In the suit No.L653/2001, the said John Wilson Akoto died and was substituted by John Wilson Akoto Jnr. Upon substitution, Entry of judgment was served on him. The interested part to this application filed a Notice of claim on the grounds that the houses in execution were the subject of a pending action in suit No.BL 393/2006: CHARLES SENYO COKER & OR V. FARID DANIEL SALLOUM & OR. The applicants herein filed a motion on notice on 30/10/2009 and prayed the court to set aside the Notice of Claim filed by the interested part herein. The motion was argued before Justice E.B.K Agbloyor of the High Court, Accra who in his ruling ordered the