[2019]DLHC9007November 7, 2019High Court

DANIEL TEI NARTEY AND SAMPALLOT ESTATE COMPANY vs. DR. BOSSMAN AND 5 OTHERS

Before me is a motion on notice for an order to strike out 2nd Plaintiff’s pleadings for want of reasonable cause of action and to disjoin the 2nd Plaintiff from the suit as no longer being a necessary party to the suit. In the affidavit in support of the instant application, the 4th Defendant who deposed to the contents of the affidavit stated that he had been advised by his lawyer and believed same to be true that a careful reading of paragraphs 11, 12, 13 and 14 of the Plaintiffs statement of claim reveals that the 2nd Plaintiff has no interest whatsoever in the land in dispute to ground a cause of action against the Defendants. The said paragraphs were reproduced as follows; 11. Upon acquisition of its 648.58 acres of land from the 1st Plaintiff’s family, 2nd Plaintiff invested huge resources to survey the land, fix its boundary pillars, demarcated same and generated a site plan for execution of the deed of lease and built a single room site office on same all in the sel...