This is an application for the substitution of the late Kassek Akoto Dugbartey who before his death had an application for review pending before the Court.
That application sought to pray the Court to review its decision dismissing an application for joinder of the deceased to the substantive Suit.
I have read the application for the substitution of the deceased with the present Applicant.
I have also read the affidavit filed by the parties.
Regard has been given to the written submissions filed by both Counsel.
Consideration has also be given to the rules of Court governing change of parties by reason of death, or bankruptcy.
Order 4 Rule 6 (1) provides that where a party dies or becomes bankrupt but the cause of action survives, the action shall not abate by reason of death, or bankruptcy.
In the instant case, the deceased had an application for review pending before the Court before his death.
This application, in my view, does not abate by reason of the death of the original applicant.
The Court is bound and enjoined to disposes off the said application.
It is noted that, with the deceased Applicant not being alive to prosecute the matter, it would will be just and proper for the Court to substitute him so as to determine the merits of that application.
I do not think this has anything to do with the original substantive suit and whether or not the original Defendant in the substantive suit was sued in person or a representative capacity.
The fact is that the Court having ruled that the deceased cannot be joined to that Suit, and the deceased having filed the application for review before his death, the Court, as I have stated earlier has a duty to hear the application for review.
It is observed that with the death of the original applicant in the motion for joinder, the Court cannot proceed to hear the matter until the Applicant has been substituted.
In the interest of justice and for the expeditious determination of the application for review pending before the Court, I am of the considered opinion that it is proper under Order 4 rule 6 (1) of C. I. 47 to grant the application.
The application is accordingly granted.
The Applicant Numo James Attah is hereby substituted for the deceased Applicant Kasseke Akoto Dugbartey in the application for review.
Let the title of the application for review be amended to reflect the substitution within 10 days.
Parties are directed to appear before the substantive Judge for the review application
