Ayittah and 5 Others Vrs Attorney General and 2 Others [2023] GHAHC 62 (20 January 2023)

Ayittah and 5 Others Vrs Attorney General and 2 Others [2023] GHAHC 62 (20 January 2023)

Issuing the writ of summons against the 2nd Defendant without compliance with the Local Governance Act is procedurally wrong; the 3rd Defendant is not properly joined as he is only acting president and not the substantive president as required by statute.

Citation
Ayittah and 5 Others Vrs Attorney General and 2 Others [2023] GHAHC 62 (20 January 2023)
Parties
Plaintiffs: Meshack Ayittah & 5 Ors.; 1st Defendant: The Attorney General; 2nd Defendant: Ningo Prampram District Assembly; 3rd Defendant: Acting President of the Ningo Traditional Council
Court
ghahc
Jurisdiction
Ghana
Judgment Date
20 January 2023
Procedural Posture
Motion on Notice / Ruling on Motion to Set Aside Writ and Strike Out Party
Outcome
Motion granted
Legal Topics
Jurisdiction, Misjoinder of Parties, Statutory Compliance
Source Language
eng
Civil Procedure Local Governance Chieftaincy Jurisdiction Misjoinder of Parties Statutory Compliance

Case Brief

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Parties

Meshack Ayittah & 5 Ors.

Plaintiffs

The Attorney General

1st Defendant

Ningo Prampram District Assembly

2nd Defendant

Acting President of the Ningo Traditional Council

3rd Defendant

Procedural Posture

Motion on Notice / Ruling on Motion to Set Aside Writ and Strike Out Party

Legal Issues

  1. 1 Whether the writ of summons and statement of claim against the 2nd Defendant were validly issued
  2. 2 Whether the 3rd Defendant is a proper party to the suit

Ratio Decidendi

Issuing the writ of summons against the 2nd Defendant without compliance with the Local Governance Act is procedurally wrong; the 3rd Defendant is not properly joined as he is only acting president and not the substantive president as required by statute.

Court Disposition

Motion granted

Orders

  • Writ of Summons and Statement of Claim against the 2nd Defendant set aside
  • Acting President of the Ningo Traditional Council misjoined and struck out as party