[2019]DLHC6806 • July 4, 2019 • High Court
GBEDESSI FOLLEY-KLAN ADADE AKAKPO ATCHO vs. THE JUDICIAL SERVICE OF GHANA AND GHANA POLICE SERVICE
The Plaintiff sued the Judicial Service of Ghana and Ghana Police Service alleging unlawful destruction of property during the execution of a court demolition order. The Defendants executed a court order obtained by Judgment Creditors Nii Okine Adjei and Agnola Ghana Ltd, who were not parties to this suit. The Defendants applied to join these original parties as Defendants, arguing their joinder was necessary for complete adjudication.
read moreIntroduction: [1] By a Motion on Notice filed at the registry of this Court on May 23, 2019, the Honourable Attorney General, Counsel for the Defendant/Applicant, the Applicant is seeking an order under Order 4 Rule 5 of the High Court (Civil Procedure) Rules, 2004 (CI 47) for the joinder of NII OKINE ADJEI and AGNOLA GHANA LTD as the Defendants in this suit. [2] It is enacted in Order 4 r 5(2) (b) of CI 47 “(2) At any stage of proceedings the Court may on such terms as it thinks just either of its own motion or on application (b) order any person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the proceedings are effectively and completely determined and adjudicated upon to be added as a party.” [3] I note that the Applicant informed the Court a similar application is made in Suit No. GJ/1318/2018 titled GBEDESSI FOLLY-KLAN ADAMAH v JUDICIAL SERVICE OF GH...