KATA INTERNATIONAL COMPANY LIMITED vs. B5 PLUS LIMITED, FRANCIOS ATANLEY KOFIGAH AND BENNET AVI

The plaintiff, Kata International Company Limited, commenced an action by writ issued on 12 July 2019 against B5 Plus Limited, Francios Atanley Kofigah and Bennet Avi in relation to disputed land. The applicant for the striking-out application contended that the land it occupied and acquired through Bennet Avi was situated at Awutu Senya, Kasoa in the Central Region, based on an assignment dated 29 September 2013 and a lease dated 21 December 2016. It argued that the plaintiff’s claim related instead to land in the Greater Accra Region and that it had never had any dealings concerning land in Greater Accra. On that basis, it alleged that its joinder was merely to harass it and that the action against it was frivolous, vexatious and an abuse of process. This factual basis appears in the portions stating that the plaintiff issued the writ on 12 July 2019; that the applicant relied on Exhibit BP1 and Exhibit BP2 series concerning land at Awutu Senya, Kasoa in the Central Region; and that 'Plaintiff joined Applicant to this suit just to harass it.'

This is a ruling pursuant to Order 11 Rule 18(1) of CI47. Courts are not powerless when it comes to dealing with such applications which impute some sort of conduct outside the rules. The doctrine of abuse of process, is based upon the inherent authority of every court to control its process and those persons who come before it, is a power incidental and necessary to the exercise of substantive jurisdiction. That power, together with rules of court and statutory provisions, enables the court to dismiss or strike claims which are frivolous and vexatious. In addition, it may be exercised to discipline litigants and lawyers guilty of misconduct. What set of circumstances brings the defendant to lie prostrate at the feet of the court seeking it to exercise its inherent jurisdiction to strike out the Plaintiff’s writ? The Plaintiff/ Respondent caused a Writ of Summons to be issued against Defendants on the 12th day of July, 2019. By an assignment dated the 29th day of Sept.....