AYENSU VRS. ALHASSAN AND OTHERS (LD/0043/2020) [2024] GHAHC 131 (29 January 2024)

AYENSU VRS. ALHASSAN AND OTHERS (LD/0043/2020) [2024] GHAHC 131 (29 January 2024)

Plaintiff failed to demonstrate good and sufficient cause for the inordinate delay in seeking restoration, failed to show utmost good faith, and did not provide credible evidence for alleged reasons. Non-service on 1st-4th Defendants and lack of diligence rendered the proceedings invalid and the suit frivolous. Restoration refused.

Citation
AYENSU VRS. ALHASSAN AND OTHERS (LD/0043/2020) [2024] GHAHC 131 (29 January 2024)
Parties
Plaintiff/applicant: Kofi Attah Ayensu; Defendant/respondent: Seidu Alhassan; Defendant/respondent: Borteye Laweh; Defendant/respondent: Mensah Laweh; Defendant/respondent: Developers; Defendant/respondent: Nii Ashitey Saasabi II
Court
ghahc
Jurisdiction
Ghana
Judgment Date
29 January 2024
Procedural Posture
Civil Land Dispute / Application to Restore Suit After Striking Out for Want of Prosecution
Outcome
Application to restore suit refused
Legal Topics
Restoration of Struck Out Suit, Inherent Jurisdiction, Service of Process, Delay and Good Faith, Natural Justice
Source Language
eng
Civil Procedure Property Law Restoration of Struck Out Suit Inherent Jurisdiction Service of Process Delay and Good Faith Natural Justice

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Parties

Kofi Attah Ayensu

Plaintiff/applicant

Seidu Alhassan

Defendant/respondent

Borteye Laweh

Defendant/respondent

Mensah Laweh

Defendant/respondent

Developers

Defendant/respondent

Nii Ashitey Saasabi II

Defendant/respondent

Procedural Posture

Civil Land Dispute / Application to Restore Suit After Striking Out for Want of Prosecution

Legal Issues

  1. 1 Whether the suit struck out for want of prosecution should be restored to the cause list

Ratio Decidendi

Plaintiff failed to demonstrate good and sufficient cause for the inordinate delay in seeking restoration, failed to show utmost good faith, and did not provide credible evidence for alleged reasons. Non-service on 1st-4th Defendants and lack of diligence rendered the proceedings invalid and the suit frivolous. Restoration refused.

Court Disposition

Application to restore suit refused

Orders

  • Suit remains struck out
  • No order as to costs