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RULING
This is a Ruling on an application brought for and on behalf of the
Defendant/Applicant hereinafter referred to as the Applicant to dismiss
Plaintiffs/Respondents hereinafter referred to as Respondents’ Writ of Summons and
Statement of Claim.
The brief facts of the case are that on 31st October, 2022 the Applicant filed an
Application to dismiss the Respondents’ Writ of Summons and Statement of Claim
against the Applicant. The Respondents on 8th February, 2023 filed an Affidavit in
Opposition to the Applicant’s Application to dismiss the suit.
THE APPLICANT’S CASE
The Applicant says that he earlier instituted an action against 3rd Respondent in a suit
entitled Richard Ayawli vrs. Wise Mensah (Suit No. GJ/948/19) on 15th March, 2019
claiming the reliefs endorsed therein. The 3rd Respondent entered appearance to Suit
No. GJ/948/19 and subsequently filed a Statement of Defence. However, on 4th June,
2019, the Court entered summary judgment in favour of the Applicant. After service
of entry of judgment and issuance of Writ of Fieri Facias, the property which 3rd
Respondent used as security for a facility which culminated in the judgment of 4th
June, 2019 was attached by the Deputy Sheriff as part of the execution processes which
is the property Respondents claims belongs to one Stephen Kudjo Kpai.
Applicant avers that on 5th October, 2020 the said Stephen Kudjo Kpai filed a Notice
of Claim which was disputed to as a result of which the Court ordered the parties to
appear on 1st December 2020 for determination of the issue.
The Applicant states that on 27th January 2021, the Court dismissed the claim of the
said Stephen Kudjo Kpai and barred all persons claiming through Stephen Kudjo Kpai
from prosecuting his claim against the Registrar and all persons claiming under the
Registrar.
The Applicant further states that on 1st March, 2021, Stephen Kudjo Kpai filed an
application to relist his interpleader and for extension of time to file affidavit of
interest to which an affidavit in opposition was filed on 11th May, 2021 and the
application was dismissed.
The Applicant avers that on 7th April 2021, 3rd Respondent filed an application for an
order to stay execution of the judgment and for leave to attempt settlement which was
opposed and the court on 9th June 2021 dismissed the application.
The Applicant states that the instant suit is therefore not only frivolous and vexatious
but a clear abuse of the processes of this Honourable C