FAUSTINA DOKU VRS KATE FRIMPONG MANSO 2. DORA AMOAKO (C4/12/2022) [2022] GHACC 293 (28 October 2022)

FAUSTINA DOKU VRS KATE FRIMPONG MANSO 2. DORA AMOAKO (C4/12/2022) [2022] GHACC 293 (28 October 2022)

The Circuit Court has jurisdiction over the matter, and the plea of lis alibi pendens fails because the parties and reliefs are not identical, and the prior suit is not concurrent nor shown to be pending.

Citation
[2022] GHACC 293
Parties
Plaintiff/applicant: Faustina Doku (suing per her lawful attorney Emmanuel Mc-Arthur); Defendant/respondent: Kate Frimpong Manso; Defendant/respondent: Dora Amoako
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
28 October 2022
Case Number
C4/12/2022
Procedural Posture
Civil / Ruling on Preliminary Objections and Directions for Defence
Outcome
Defendants' preliminary objections dismissed; leave granted to file defence.
Legal Topics
Eviction, Recovery of Possession, Rent Arrears, Jurisdiction, Lis Alibi Pendens
Source Language
English
Landlord and Tenant Civil Procedure Estate Administration Eviction Recovery of Possession Rent Arrears Jurisdiction Lis Alibi Pendens

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Faustina Doku (suing per her lawful attorney Emmanuel Mc-Arthur)

Plaintiff/applicant

Kate Frimpong Manso

Defendant/respondent

Dora Amoako

Defendant/respondent

Procedural Posture

Civil / Ruling on Preliminary Objections and Directions for Defence

Legal Issues

  1. 1 Whether the Circuit Court has jurisdiction over landlord-tenant disputes for possession of land
  2. 2 Whether the suit is barred by lis alibi pendens due to a prior pending suit
  3. 3 Whether Defendants' preliminary objections are valid

Ratio Decidendi

The Circuit Court has jurisdiction over the matter, and the plea of lis alibi pendens fails because the parties and reliefs are not identical, and the prior suit is not concurrent nor shown to be pending.

Court Disposition

Defendants' preliminary objections dismissed; leave granted to file defence.

Orders

  • Defendants to file Statement of Defence within 14 days.
  • Costs of GHS1000 awarded against Defendants.