ADWOA HARRIS WIAFE AND JEMIMA PRAH KATA HOSTEL ACCRA vs. EMMANUEL SARFO WIAFE AND THE DEPUTY SHERIFF

This is an application filed by the 1st Defendant/Applicant (hereinafter referred to as “1st Defendant”) for an order to strike out the writ of summons issued by the Plaintiffs/Respondents (hereinafter referred to as “Plaintiffs”) on the grounds that the writ of summons and the statement of claim are incompetent, null and void as the Plaintiffs did not endorse their Taxpayer Identification Numbers (TIN) on the processes. Briefly, the facts giving rise to this application are that the 1st Defendant instituted an action against 1st Plaintiff in the High Court on November 11, 2010 in a suit titled Emmanuel Sarfo Wiafe v Adwoa Harris Wiafe (Suit No. BFA 29/2011) for one third interest in the property situate at No. 9, Beijing Street, East Legon, Accra, the subject matter of this suit. Judgment was given on November 4, 2014 in favour of the 1st Defendant. An appeal on the decision at the Court of Appeal affirmed the decision of the High Court. Plaintiffs aver that they were willing...