GTI PROPERTIES LTD VRS. ADARKWAH (LD/1002/2019) [2024] GHAHC 128 (25 June 2024)

GTI PROPERTIES LTD VRS. ADARKWAH (LD/1002/2019) [2024] GHAHC 128 (25 June 2024)

Plaintiff's action is unsustainable and an abuse of process because it seeks to challenge a subsisting consent judgment to which it was not a party, relies on grounds already determined by a court of competent jurisdiction, and improperly attempts to relitigate issues through a writ rather than the prescribed procedural mechanisms.

Citation
GTI PROPERTIES LTD VRS. ADARKWAH (LD/1002/2019) [2024] GHAHC 128 (25 June 2024)
Parties
Plaintiff: GTI Properties Ltd; Defendant: Adolf Adarkwah
Court
ghahc
Jurisdiction
Ghana
Judgment Date
25 June 2024
Procedural Posture
Civil Land Dispute / Ruling on Summary Dismissal for Abuse of Process
Outcome
Suit dismissed as abuse of process
Legal Topics
Abuse of Process, Interpleader Proceedings, Auction Sale Validity, Consent Judgment, Wrongful Execution
Source Language
eng
Civil Procedure Property Law Abuse of Process Interpleader Proceedings Auction Sale Validity Consent Judgment Wrongful Execution

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Parties

GTI Properties Ltd

Plaintiff

Adolf Adarkwah

Defendant

Procedural Posture

Civil Land Dispute / Ruling on Summary Dismissal for Abuse of Process

Legal Issues

  1. 1 Whether the instant action should be dismissed as an abuse of process of Court
  2. 2 Whether Plaintiff can challenge a consent judgment to which it was not a party
  3. 3 Whether Plaintiff's claim to title is sustainable given prior judgment and execution

Ratio Decidendi

Plaintiff's action is unsustainable and an abuse of process because it seeks to challenge a subsisting consent judgment to which it was not a party, relies on grounds already determined by a court of competent jurisdiction, and improperly attempts to relitigate issues through a writ rather than the prescribed procedural mechanisms.

Court Disposition

Suit dismissed as abuse of process

Orders

  • Plaintiff's action dismissed pursuant to Order 11 Rule 18(1)(d) of C.I. 47
  • Costs of GHS 15,000 awarded against Plaintiff in favour of Defendant