[2018]DLHC7252November 30, 2018High Court

WIGATAP LTD. (PLAINTIFF) vs. THEODORA K. ALORWOR & ORS. (DEFENDANTS)

This is an application for the substitution of the late Kassek Akoto Dugbartey who before his death had an application for review pending before the Court. That application sought to pray the Court to review its decision dismissing an application for joinder of the deceased to the substantive Suit. I have read the application for the substitution of the deceased with the present Applicant. I have also read the affidavit filed by the parties. Regard has been given to the written submissions filed by both Counsel. Consideration has also be given to the rules of Court governing change of parties by reason of death, or bankruptcy. Order 4 Rule 6 (1) provides that where a party dies or becomes bankrupt but the cause of action survives, the action shall not abate by reason of death, or bankruptcy. In the instant case, the deceased had an application for review pending before the Court before his death. This application, in my view, does not abate by reason of the death of the...