[2017]DLCA4655 • July 12, 2017 • Court of Appeal
EDWARD ABANG MARLEY vs. EBO JUNIOR, MAWU DZAKE, TEACHER ADZRAKU ALHAJI AND MADAM AMERLEY
The Plaintiff/Appellant filed a suit which was struck out by the High Court on the ground that an identical suit was pending in the same court, constituting an abuse of process. The Plaintiff appealed the ruling, challenging the High Court's dismissal of the suit and the procedure adopted by the court.
read moreAdjei, J.A: This interlocutory appeal was filed against the ruling of the High Court Koforidua, delivered on 8th July, 2016 which struck out the plaintiff’s suit as constituting an abuse of the process of the Court on the ground that there was an identical suit pending in the same High Court. The Plaintiff/Appellant who will be referred to in this appeal as the Plaintiff, dissatisfied with the ruling of the trial High Court delivered on 8th July,2016 filed an appeal against same to this Court. The Plaintiff filed five grounds of appeal which are as follows: “a. That the trial High Court judge erred in law which occasioned a miscarriage of justice to the Plaintiff/Appellant when she held that the correct procedure the Plaintiff/Appellant should have adopted in this suit was to seek a renewal of an expired writ of summons failed in suit no. C1/81/2013 and not discontinuance of the said Suit No. C1/81/2013 before filing Suit No. C1/32/2015. b. That the trial High Court Judge erred...