GHANA HOME LOANS LTD & ANOR (PLAINTIFF) vs. LANDS COMMISSION & 2 ORS (DEFENDANTS)

Order 4 Rule 5 (2) (b) of C.I. 47 makes provision for a person to be joined to a suit as a party if in the view of the Court, the presence of that person is necessary to ensure that all matters in dispute in the proceedings are effectively and completely determined. In the instant application, the 2nd Defendant prays for an order to join one Dominic Adu as a Defendant to the suit. The rationale for the present application is as pleaded in the amended statement of defence and counterclaim of the 2nd Defendant per the paragraphs 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 thereof. I have read the application and the affidavits filed in support and in opposition. I have also considered the oral submissions made by Counsel for 2nd Defendant/Applicant and Counsel for Plaintiffs. Regard has been given to the Order 4 Rule 5 of C.I 47. I have also carefully examined the reliefs being sought by the Plaintiffs for which the 2nd Defendant wants the Court to join Dominic Adu so that he answer...