Bannor - Plaintiff Vs. Kas Estate & 6 Ors [2023] GHAHC 320 (12 June 2023)

The applicant, not being a party to the suit and having not entered appearance or applied to be joined, lacks capacity to bring the application, rendering it incompetent.

Citation: [2023] GHAHC 320
Parties: Plaintiff: Marshwood Bannor; Defendants: KAS Estate & 6 Ors; Applicant: Nii Solomon Mintah Ackah
Court: High Court
Jurisdiction: Ghana
Judgment Date: 12 June 2023
Procedural Posture: Civil / Ruling on Application to Set Aside Interlocutory Injunction
Outcome: Application struck out as incompetent
Legal Topics: Interlocutory Injunction, Locus Standi, Joinder of Parties
Source Language: English

Civil Procedure Interlocutory Injunction Locus Standi Joinder of Parties

Case Brief

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Parties

Marshwood Bannor

Plaintiff

KAS Estate & 6 Ors

Defendants

Nii Solomon Mintah Ackah

Applicant

Procedural Posture

Civil / Ruling on Application to Set Aside Interlocutory Injunction

Legal Issues

1 Whether the applicant has capacity to bring the application to set aside the interlocutory injunction
2 Whether the application is competent

Ratio Decidendi

The applicant, not being a party to the suit and having not entered appearance or applied to be joined, lacks capacity to bring the application, rendering it incompetent.

Court Disposition

Application struck out as incompetent

Orders

Application to set aside the order of interlocutory injunction is struck out as incompetent
No order as to costs