ADOFO vs. KUDAYA AND OTHERS

JUDGMENT OF ANDOH J. The appellant Kodzovi Dzivenu applied to the District Court Grade II, Dzodze, to be made a co-defendant in a suit instituted by the respondents herein as plaintiffs against some three defendants. The application for joinder was opposed by the respondents on four main grounds, namely: (1) That the application was not made in good faith. (2) That in a civil summons No. 6/57 instituted by the respondents and other members of his family which the applicant joined as the fourth co-defendant, he, i.e. the applicant, discontinued his claim to the land after he had given evidence in the native court of trial. (3) That the respondents had also obtained judgment against the defendants in civil summons No. 7/57 in a native court of trial. (4) The purpose of the application was to embarrass the respondents and confuse the issue before the District Court Grade II, Dzodze. The appellant had stated in his supporting affidavit that he was the current head of...