Kwofie Vrs: Dampare and 3 Others [2023] GHAHC 16 (8 June 2023)

Kwofie Vrs: Dampare and 3 Others [2023] GHAHC 16 (8 June 2023)

It was inappropriate for the defendants to file a motion to strike out their names after entering conditional appearance, as their complaint was not among the grounds justifying conditional appearance and should be raised in pleadings.

Citation
[2023] GHAHC 16
Parties
Plaintiff/respondent: Daniel Kwofie; Defendant/applicant: Dr. George Akuffo Dampare; Defendant/applicant: C. O. P Christian Tetteh Yohunu; Defendant/applicant: A. S. P Emelia Owusu-Ansah
Court
High Court
Jurisdiction
Ghana
Judgment Date
8 June 2023
Procedural Posture
Human Rights / Ruling on Motion to Strike Out Defendants as Parties
Outcome
application dismissed
Legal Topics
Conditional Appearance, Proper Parties, Striking Out Parties
Source Language
English
Civil Procedure Conditional Appearance Proper Parties Striking Out Parties

Case Brief

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Parties

Daniel Kwofie

Plaintiff/respondent

Dr. George Akuffo Dampare

Defendant/applicant

C. O. P Christian Tetteh Yohunu

Defendant/applicant

A. S. P Emelia Owusu-Ansah

Defendant/applicant

Procedural Posture

Human Rights / Ruling on Motion to Strike Out Defendants as Parties

Legal Issues

  1. 1 Whether the defendants are proper parties to the suit
  2. 2 Whether a motion to strike out defendants as parties is appropriate after entering conditional appearance

Ratio Decidendi

It was inappropriate for the defendants to file a motion to strike out their names after entering conditional appearance, as their complaint was not among the grounds justifying conditional appearance and should be raised in pleadings.

Court Disposition

application dismissed