COLLINS KOJO KUMEDZRO vs. BENJAMIN ASHIE NII KWE AND DAVID TETTEH

When faced with an order 4 application pursuant to CI 47 there are two ways of approaching the matter.There is what is called the restrictive approach favoured by Ampiah JSC in the case of Sam v Attorney General, Ampiah JSC adopted a restrictive approach when he stated, “Generally speaking the court will make all such changes in respect of parties as may be necessary to enable an effectual adjudication to be made concerning all matters in dispute. In other words the court may add all persons whose presence before the court is necessary in order to enable it effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter before it.... but this would depend on the issue before the court that is the nature of the claim” This approach is juxtaposed by the attitude to joinder by Kpegah JSC in the case of Ekwan No. 1 (1996/97) SCGLR who urged a wider approach when he ordered, in that case for an exparte application to be served on the New ...