SALIFU NUHU VRS AIR COMMODORE BASIN DANIS DERY (C1/29/2022) [2022] GHACC 358 (9 August 2022)

SALIFU NUHU VRS AIR COMMODORE BASIN DANIS DERY (C1/29/2022) [2022] GHACC 358 (9 August 2022)

The plaintiff/respondent has established a cause of action against the defendant/applicant based on pleadings and affidavit evidence of trespass and other acts. The defendant/applicant's claim of non-ownership and lack of proprietary interest does not preclude him from being a proper party, as his actions give rise to a cause of action. The application for misjoinder is therefore dismissed.

Citation
[2022] GHACC 358
Parties
Plaintiff/respondent: Salifu Nuhu; Defendant/applicant: Air Commodore Basin Danis Dery
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
9 August 2022
Case Number
C1/29/2022
Procedural Posture
Civil / Ruling on Application to Strike Out Defendant for Misjoinder
Outcome
Application dismissed
Legal Topics
Misjoinder of Parties, Trespass, Title to Land, Perpetual Injunction
Source Language
English
Civil Procedure Land Law Misjoinder of Parties Trespass Title to Land Perpetual Injunction

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Parties

Salifu Nuhu

Plaintiff/respondent

Air Commodore Basin Danis Dery

Defendant/applicant

Procedural Posture

Civil / Ruling on Application to Strike Out Defendant for Misjoinder

Legal Issues

  1. 1 Whether the defendant/applicant is a proper party to the suit or has been misjoined
  2. 2 Whether the plaintiff/respondent has established a cause of action against the defendant/applicant

Ratio Decidendi

The plaintiff/respondent has established a cause of action against the defendant/applicant based on pleadings and affidavit evidence of trespass and other acts. The defendant/applicant's claim of non-ownership and lack of proprietary interest does not preclude him from being a proper party, as his actions give rise to a cause of action. The application for misjoinder is therefore dismissed.

Court Disposition

Application dismissed

Orders

  • Defendant/applicant's application to strike out his name for misjoinder is dismissed.