[2023]DLHC16889 • January 26, 2023 • High Court
EBENEZER EMMANUEL JOSIAH & 20RS. vs. VICTOR TWUM SAVAGE & 40RS.
JUDGMENT Introduction The plaintiff on 7th April, 2016 took out a Writ of Summons action against eight (8) defendants. Subsequently on 14th June, 2017 following the grant of an application for joinder filed on 5th June, 2017, the court joined the 5th Defendant as party to the suit. Prior to that, the Plaintiff on 22nd March 2017 had discontinued the action against four (of the Defendants) namely, 4th, 5th, 6th and 7th Defendants. The 5th Defendant subsequently died and was substituted by Obaapanyin Angela Sabin-Quarm. The writ was subsequently amended to reflect these changes. The final amended writ was filed on 22nd September, 2022. Discontinuance (5th Defendant) Counsel for the Plaintiffs on behalf of the Plaintiffs on 26th November, 2018 filed a motion praying as follows: “PLEASE TAKE NOTICE that this Honourable Court will be moved by counsel for the Plaintiffs herein praying it for an order granting leave to the plaintiffs to discontinue this instant suit with liberty.....