TOGBE SAMUEL KWASI KOMFO vs. ISAAC AYENSE AND 3 OTHERS [2017]DLHC4088

Date	2017-11-15
Suit No.	SUIT NO. H1/09/2017
Citation No.	[2017]DLHC4088

DENNIS ADJEI JUSTICE OF APPEAL

CECILIA SOWAH JUSTICE OF APPEAL

L. L. MENSAH JUSTICE OF APPEAL

KWAKU ANSAH ESQ FOR THE PLAINTIFF / APPELLANT.

DOLLAH DJABA MENSAH ESQ FOR THE DEFENDANTS/ RESPONDENTS.

[2017]DLHC4088
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													<main id="main" class="content" style="min-height: 60rem" >TOGBE SAMUEL KWASI KOMFO<o:p></o:p>vs.<o:p></o:p>ISAAC AYENSE AND 3
OTHERS<o:p></o:p>[HIGH COURT, HO]<o:p></o:p>SUIT
NO. H1/09/2017&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;15TH
NOVEMBER, 2017 <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

<o:p>&nbsp;</o:p>

<o:p>&nbsp;</o:p>

</div>CORAM:<o:p></o:p>DENNIS ADJEI JUSTICE OF APPEAL <o:p></o:p>CECILIA SOWAH JUSTICE OF APPEAL <o:p></o:p>L.
L. MENSAH JUSTICE OF APPEAL <o:p></o:p>______________________________________________________________________________<o:p></o:p>JUDGMENT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 31.0pt 1.0pt 31.0pt">

</div>ADJEI, J.A: <o:p></o:p>The
High Court, Ho on 16th February, 2015 granted an application for joinder filed
by Nana Appiah Kumi to join him as a Co defendant to the suit. The Plaintiff / Appellant on 29th April, 2015 filed
an application to set aside the order which joined Nana grant of the
application. The application was granted on 16th February, 2015.
The trial High Court judge gave the Applicant who was becoming the Co-Defendant
fifteen (15) days within which to file his statement of defence. It was until
20th April, 2015 when the Plaintiff filed an application to vacate the order
made by the trial High Court on 16th February, 2015.
The main point raised by the Plaintiff in his application was that he had
wanted to raise a preliminary legal point as to the status of the Applicant to
join the application but could not attend Court on the scheduled date when the
application was heard. The basis for the vacation of the order was that the
Applicant who was made the Co-Defendant was joined to the suit to protect the
interest of Anum Stool and the joinder was wrong by the fact that
the Applicant was not a gazetted chief and by law cannot exercise any right
until he is gazetted and his name is published in the Chieftaincy Bulletin. The
trial High Court judge dismissed the application as being unmeritorious on 23rd
November, 2015. The Plaintiff
filed an interlocutory appeal against the ruling on 2nd December, 2015. <o:p></o:p><o:p>&nbsp;</o:p>The
ground of appeal has two main grounds namely: <o:p></o:p>"( i ) The judge
erre</main>