Hormenoo & 2 Ors Vrs Dynamic Belivers Chapel & Another [2023] GHADC 692 (12 July 2023)

Hormenoo & 2 Ors Vrs Dynamic Belivers Chapel & Another [2023] GHADC 692 (12 July 2023)

Since the High Court suit is still pending and not finally determined, the present suit does not amount to an abuse of court process. At most, it is a case of lis alibi pendens, not abuse of process.

Citation
[2023] GHADC 692
Parties
Plaintiff: Alex Hormenoo; Plaintiff: Prosper Hormenoo; Plaintiff: Ben Hormenoo; Defendant: Dynamic Belivers Chapel; Defendant: Pastor Nicholas Amofa
Court
District Court
Jurisdiction
Ghana
Judgment Date
12 July 2023
Procedural Posture
Civil / Application to Strike Out Suit for Abuse of Court Process
Outcome
application to strike out refused; proceedings stayed
Legal Topics
Abuse of Process, Lis Alibi Pendens, Stay of Proceedings
Source Language
English
Civil Procedure Abuse of Process Lis Alibi Pendens Stay of Proceedings

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Parties

Alex Hormenoo

Plaintiff

Prosper Hormenoo

Plaintiff

Ben Hormenoo

Plaintiff

Dynamic Belivers Chapel

Defendant

Pastor Nicholas Amofa

Defendant

Procedural Posture

Civil / Application to Strike Out Suit for Abuse of Court Process

Legal Issues

  1. 1 Whether the instant suit constitutes an abuse of the court process due to a pending suit on the same subject matter in the High Court

Ratio Decidendi

Since the High Court suit is still pending and not finally determined, the present suit does not amount to an abuse of court process. At most, it is a case of lis alibi pendens, not abuse of process.

Court Disposition

application to strike out refused; proceedings stayed

Orders

  • Proceedings are stayed pending the final determination of the suit in the High Court.