MUSA ABASS VRS BENTUM ARKAAH & 2 ORS. (LD/0281/2024) [2024] GHAHC 193 (23 July 2024)

The plaintiff failed to adopt the proper procedure to challenge the prior judgment, and the court lacks jurisdiction to entertain the suit; therefore, the suit is struck out for want of jurisdiction.

Citation: MUSA ABASS VRS BENTUM ARKAAH & 2 ORS. (LD/0281/2024) [2024] GHAHC 193 (23 July 2024)
Parties: Plaintiff/respondent: Musa Abass; 1st Defendant/applicant: Bentuma Arkaah; 2nd Defendant: Medco General Developers Trading Limited; 3rd Defendant: Lands Commission
Court: ghahc
Jurisdiction: Ghana
Judgment Date: 23 July 2024
Procedural Posture: Civil Land Dispute / Ruling on Application to Dismiss for Want of Jurisdiction
Outcome: suit struck out for want of jurisdiction
Legal Topics: Jurisdiction, Abuse of Process, Default Judgment, Land Title
Source Language: eng

Land Law Civil Procedure Jurisdiction Abuse of Process Default Judgment Land Title

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Parties

Musa Abass

Plaintiff/respondent

Bentuma Arkaah

1st Defendant/applicant

Medco General Developers Trading Limited

2nd Defendant

Lands Commission

3rd Defendant

Procedural Posture

Civil Land Dispute / Ruling on Application to Dismiss for Want of Jurisdiction

Legal Issues

1 Whether the court has jurisdiction to entertain the plaintiff's suit given prior judgment in favour of the 1st defendant
2 Whether the plaintiff's procedure is proper for challenging the prior judgment

Ratio Decidendi

The plaintiff failed to adopt the proper procedure to challenge the prior judgment, and the court lacks jurisdiction to entertain the suit; therefore, the suit is struck out for want of jurisdiction.

Court Disposition

suit struck out for want of jurisdiction

Orders

Suit struck out for want of jurisdiction.