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WIGATAP LTD VS THEODORA K. ALORWOR & ORS.

2018

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP GEORGE K. KOOMSON (J)

Areas of Law

  • Civil Procedure

AI Generated Summary

Justice George K. Koomson of the High Court addressed an application to substitute Numo James Attah for the late Kassek (also spelled Kasseke) Akoto Dugbartey in pending proceedings. Before his death, Dugbartey had filed an application for review of a ruling that dismissed his joinder to the substantive suit. The judge confirmed he had read the application, affidavits, and written submissions, and examined the rules governing changes of parties due to death or bankruptcy, particularly Order 4 Rule 6(1) of C.I. 47. He concluded the review application does not abate by reason of the applicant’s death, that the court is duty-bound to dispose of it, and that substitution is proper to enable determination. The court granted substitution, ordered amendment of the title within ten days, fixed a hearing date, and made no order as to costs.

RULING