SUCCOTH LTD vs. F. G. DEVELOPERS LTD

Before me is a motion on notice invoking the inherent jurisdiction of this Court to strike out the writ of summons and statement of claim on the grounds that the commencement of the instant suit constitutes an abuse of the Court process. In the accompanying affidavit in support, the Defendant/Applicant essentially contended that the land, subject matter of the instant suit, is the subject matter of a pending litigation between the grantor of the Plaintiff/Respondent and the grantor of the Defendant/Applicant in suit no FAL/76/11 entitled: Numo Samuel Kofi Lapleku v Tetteh Agbenyeke, Granhill Company Ltd and Kwabena Lapleku. In the endorsement to the amended writ of summons in the said suit, the Plaintiff/ Respondent’s grantor, Numo Samuel Kofi Lapleku had challenged the authority of the 1st and 3rd Defendant’s therein, to have alienated the land in dispute to Granhill Company Ltd who is the 2nd Defendant in the said suit and the grantor of the Defendant/Applicant in the ...