Lu Vrs Dom Estate and 5 Others [2023] GHAHC 107 (20 March 2023)

Lu Vrs Dom Estate and 5 Others [2023] GHAHC 107 (20 March 2023)

Failure to file Application for Directions is not a ground for automatic dismissal; the court may cure the irregularity under Order 81 and direct the Plaintiff to comply within a specified period.

Citation
[2023] GHAHC 107
Parties
Plaintiff/respondent: Shiela Lu; 1st Defendant/applicant: Dom Estates; 2nd Defendant/applicant: 2nd Defendant; 3rd Defendant/applicant: 3rd Defendant; 4th Defendant/applicant: 4th Defendant; 5th Defendant/applicant: 5th Defendant
Court
High Court
Jurisdiction
Ghana
Judgment Date
20 March 2023
Procedural Posture
Civil / Ruling on Application to Dismiss for Want of Prosecution
Outcome
Application to dismiss suit refused; Plaintiff directed to file Application for Directions within seven days; costs awarded to Defendants.
Legal Topics
Dismissal for Want of Prosecution, Application for Directions, Non Compliance With Procedural Rules
Source Language
English
Civil Procedure Dismissal for Want of Prosecution Application for Directions Non Compliance With Procedural Rules

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Parties

Shiela Lu

Plaintiff/respondent

Dom Estates

1st Defendant/applicant

2nd Defendant

2nd Defendant/applicant

3rd Defendant

3rd Defendant/applicant

4th Defendant

4th Defendant/applicant

5th Defendant

5th Defendant/applicant

Procedural Posture

Civil / Ruling on Application to Dismiss for Want of Prosecution

Legal Issues

  1. 1 Whether the suit should be dismissed for want of prosecution due to Plaintiff's failure to file Application for Directions within time

Ratio Decidendi

Failure to file Application for Directions is not a ground for automatic dismissal; the court may cure the irregularity under Order 81 and direct the Plaintiff to comply within a specified period.

Court Disposition

Application to dismiss suit refused; Plaintiff directed to file Application for Directions within seven days; costs awarded to Defendants.

Orders

  • Plaintiff to file Application for Directions within seven days of the order.
  • Costs of Two Thousand Ghana Cedis (GH¢2,000.00) awarded to 1st to 5th Defendants.