JOSEPH Q. HANSEN-SACKEY & DORIS O. HANSEN-SACKEY vs. NANA OTIA 1

JUDGMENT BRIGHT MENSAH JA: My Lords, the ambit of the instant appeal is a call on us to interfere with judicial discretion exercised by a court. The chief question in the appeal is whether the Nsawam High Court ever exercised properly, its judicial discretion per a Ruling delivered 29/04/2021 by which the lower court dismissed an application by the defendant/appellant herein, for consolidation of two (2) suits pursuant to Order 31 r 2 of the High Court [Civil Procedure] Rules, 2004, C.I 47 and proceeded to dismiss Suit No. CI/01/2021 intituled Nana Otia v Joseph Quarcoopome Hansen-Sackey & 2 ors that the applicant sought to consolidate with the present suit No. C1/44/2019 intituled Joseph Quarcoopome Hansen-Sackey & anr v Nana Otia. The basis for the dismissal or the striking down of the suit, according to the learned trial judge, was that the fresh suit the defendant/appellant filed which he sought to consolidate it with the other suit was an abuse of legal process,. Key backgr...