[2018]DLHC10410 • December 6, 2018 • High Court
ABUSUAPANYIN NANA TIITE POKU IV & 5 ORS. vs. COMET PROPERTIES LTD & ANO.
This is an application for joinder pursuant to Order 4 Rule 5(2) of CI 47. The 2nd Defendant seeks to join Abusuapanyin Odei Kotogwene as the 3rd Defendant in this suit. All defendants in this suit challenge the capacities of all the plaintiffs as put in the Statement of case. By paragraph 13 of the 2nd defendant statement of defence, the 2nd defendant stated that there are three suits two in Accra and one in Koforidua as between the 1st plaintiff, the 2nd plaintiff and 2nd defendant. In para 2 of 2nd defendant statement of defence, the 2nd defendant states the capacity of Abusuapanyin Odei Kotogwene as the head of family of Onyakesiasi. 2nd Defendant /applicant annexed Exhibit NOK2 an extract from Akuapem traditional council to show that the applicant for joinder has been recognized as an Abusuapanyin. In para 1, 2, 3, 4, 5, 6 and 7 of the statement of claim the Plaintiffs say that they are either the head or the principal members of the Aduana Abrade and in para 7 in partic...