TOGBE SAMUEL KWASI KOMFO vs. ISAAC AYENSE AND 3 OTHERS

ADJEI, J.A: The High Court, Ho on 16th February, 2015 granted an application for joinder filed by Nana Appiah Kumi to join him as a Co defendant to the suit. The Plaintiff / Appellant on 29th April, 2015 filed an application to set aside the order which joined Nana grant of the application. The application was granted on 16th February, 2015. The trial High Court judge gave the Applicant who was becoming the Co-Defendant fifteen (15) days within which to file his statement of defence. It was until 20th April, 2015 when the Plaintiff filed an application to vacate the order made by the trial High Court on 16th February, 2015. The main point raised by the Plaintiff in his application was that he had wanted to raise a preliminary legal point as to the status of the Applicant to join the application but could not attend Court on the scheduled date when the application was heard. The basis for the vacation of the order was that the Applicant who was made the Co-Defendant was joined to the ...