WIGATAP LTD VS THEODORA K. ALORWOR & ORS.

This case concerns an application for the substitution of a deceased applicant in a pending application for review. The late Kassek Akoto Dugbartey had filed an application for review of the court's decision dismissing his application for joinder to a substantive suit. Following Dugbartey's death, Numo James Attah applied to be substituted as the applicant in the pending review application. The court, presided over by Justice George K. Koomson, considered the application for substitution, the affidavits filed by the parties, and the written submissions of counsel. The court also examined the rules governing changes of parties due to death or bankruptcy, particularly Order 4 Rule 6 (1) of C.I. 47. The court held that the pending application for review does not abate due to the death of the original applicant. It emphasized that the court has a duty to hear and dispose of the application for review. However, it noted that the court cannot proceed with the matter until a substitution is made for the deceased applicant. In the interest of justice and for the expeditious determination of the pending application, the court granted the substitution application. Numo James Attah was substituted for the deceased Kasseke Akoto Dugbartey in the application for review. The court ordered that the title of the review application be amended within 10 days to reflect this substitution. The court directed the parties to appear before the substantive judge for consideration of the review application on 18th December, 2018. No order was made as to costs. This ruling underscores the principle that certain legal actions can survive the death of a party and that courts have the discretion to allow substitution of parties to ensure the fair and efficient administration of justice.