Adonton Royal Estate Limited Vrs Kadjebu District Assembly (E2/5/2023) [2024] GHAHC 311 (28 March 2024)

Adonton Royal Estate Limited Vrs Kadjebu District Assembly (E2/5/2023) [2024] GHAHC 311 (28 March 2024)

The District Court, Kadjebi, lacked jurisdiction to entertain a suit instituted by a limited liability company, as jurisdiction over such matters is conferred exclusively on the High Court by the Companies Act and Courts Act. All proceedings and judgments at the District Court are therefore null and void. The present suit before the High Court is not an abuse of process, as the lack of jurisdiction constitutes a special circumstance warranting the setting aside of the principle of abuse of process.

Citation
Adonton Royal Estate Limited Vrs Kadjebu District Assembly (E2/5/2023) [2024] GHAHC 311 (28 March 2024)
Parties
Plaintiff/respondent: Adonten Royal Estate Ltd.; Defendant/applicant: Kadjebi District Assembly
Court
ghahc
Jurisdiction
Ghana
Judgment Date
28 March 2024
Procedural Posture
Civil / Ruling on Application to Dismiss Suit as Abuse of Process
Outcome
Application to strike out the suit as an abuse of process dismissed.
Legal Topics
Jurisdiction of Courts, Abuse of Process, Corporate Litigation, Nullity of Proceedings, Lis Alibi Pendens
Source Language
eng
Civil Procedure Company Law Jurisdiction Jurisdiction of Courts Abuse of Process Corporate Litigation Nullity of Proceedings Lis Alibi Pendens

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Parties

Adonten Royal Estate Ltd.

Plaintiff/respondent

Kadjebi District Assembly

Defendant/applicant

Procedural Posture

Civil / Ruling on Application to Dismiss Suit as Abuse of Process

Legal Issues

  1. 1 Whether the District Court had jurisdiction over a suit instituted by a limited liability company
  2. 2 Whether proceedings and judgment at the District Court were null and void
  3. 3 Whether the instant High Court suit is an abuse of court process

Ratio Decidendi

The District Court, Kadjebi, lacked jurisdiction to entertain a suit instituted by a limited liability company, as jurisdiction over such matters is conferred exclusively on the High Court by the Companies Act and Courts Act. All proceedings and judgments at the District Court are therefore null and void. The present suit before the High Court is not an abuse of process, as the lack of jurisdiction constitutes a special circumstance warranting the setting aside of the principle of abuse of process.

Court Disposition

Application to strike out the suit as an abuse of process dismissed.

Orders

  • All proceedings and judgments at the District Court, Kadjebi, including the default judgment, formal decree, and related applications, are declared null and void for want of jurisdiction.
  • The suit before the High Court is to proceed.