[2021]DLHC11703 • December 6, 2021 • High Court
CYNBERT INTERNATIONAL SCHOOL LTD vs. MR. ODARTEY AND 9 OTHERS
The Plaintiff (Cynbert International School Ltd) obtained a judgment against ten defendants including the 14th Applicant. The Plaintiff filed an Entry of Judgment and obtained a demolition order for properties on the land subject to the judgment. The Plaintiff later sought to amend the Entry of Judgment due to an error in the land size stated. The Applicants, mostly strangers to the original suit except the 14th Applicant, sought to join the suit as Interested Parties after seeing a substituted service publication. They claim the amended Entry of Judgment wrongly extends the Plaintiff's land claim affecting their residential properties and seek joinder to protect their interests.
read more1.0 INTRODUCTION: Before this Court is an Application for Joinder brought by 24 persons (all of whom except only one, are strangers to this suit) and they are hereinafter called the Applicants and are seeking to join the suit as Interested Parties. 1.1 BACKGROUND: The Plaintiff/Judgement Creditor/Respondent (hereafter the Respondent), instituted the present action against ten (10) other persons including one of the Applicants – the 14th Applicant, and obtained judgment against them. The Respondents later filed the Entry of Judgment with the intention of going into execution of same. 1.2 The Respondent further obtained an order of this Court, albeit differently constituted, to demolish some of the properties belonging to the Defendants in the judgment aforementioned, (see Exhibit “C” attached to the affidavit in support of the present application). 1.3 Later on, the Respondents came back to this Court, this time presided over by my humble self, and sought to amend their Ent...