Chief Fiifi Arthur Vrs Nis Nis Ventures Limited & Ors. [2022] GHACC 236 (4 November 2022)

Chief Fiifi Arthur Vrs Nis Nis Ventures Limited & Ors. [2022] GHACC 236 (4 November 2022)

The 2nd Defendant is a necessary party as he is alleged to be the alter ego of the 1st Defendant and has not denied involvement; the court cannot vacate its interlocutory injunction order due to lack of jurisdiction; Plaintiff is a tenant and must pay rent arrears as admitted in his own affidavit; allegations of name changes are prejudicial and cannot ground a court order.

Citation
[2022] GHACC 236
Parties
Plaintiff/respondent: Chief Fiifi Arthur; 1st Defendant/applicant: NIS NIS Ventures Limited; 2nd Defendant/applicant: Mr. Kingsley Agyemang
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
4 November 2022
Procedural Posture
Civil / Ruling on Interlocutory Applications and Case Management Directions
Outcome
Defendant/Applicant's application for misjoinder dismissed; order for Plaintiff to pay rent arrears granted; no costs awarded.
Legal Topics
Misjoinder, Interlocutory Injunction, Rent Arrears, Statutory Tenancy
Source Language
English
Landlord and Tenant Civil Procedure Misjoinder Interlocutory Injunction Rent Arrears Statutory Tenancy

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Parties

Chief Fiifi Arthur

Plaintiff/respondent

NIS NIS Ventures Limited

1st Defendant/applicant

Mr. Kingsley Agyemang

2nd Defendant/applicant

Procedural Posture

Civil / Ruling on Interlocutory Applications and Case Management Directions

Legal Issues

  1. 1 Whether the 2nd Defendant should be misjoined from the suit
  2. 2 Whether the interlocutory injunction should be vacated
  3. 3 Whether the Plaintiff should be ordered to pay outstanding rent arrears

Ratio Decidendi

The 2nd Defendant is a necessary party as he is alleged to be the alter ego of the 1st Defendant and has not denied involvement; the court cannot vacate its interlocutory injunction order due to lack of jurisdiction; Plaintiff is a tenant and must pay rent arrears as admitted in his own affidavit; allegations of name changes are prejudicial and cannot ground a court order.

Court Disposition

Defendant/Applicant's application for misjoinder dismissed; order for Plaintiff to pay rent arrears granted; no costs awarded.

Orders

  • Plaintiff/Respondent to pay outstanding rent arrears from June 2022 at $1,200.00 per month to Defendant/Applicant's Cal Bank account until final determination of the case.
  • No costs awarded to any party.