NALIBIE VRS BILIHAM & ANOTHER (A2/10/2024) [2023] GHADC 1135 (27 October 2023)

The applicant is not a proper or necessary party to the suit as his responsibility and interest in the subject matter lapsed with the final determination of the prior suit; liability for rent arrears and possession rests with the 2nd respondent.

Citation: [2023] GHADC 1135
Parties: Plaintiff/1st Respondent: Kwabena Nalibie; 1st Defendant/applicant: Biliham Emmanuel; 2nd Defendant/2nd Respondent: Boramanaa Grace
Court: District Court
Jurisdiction: Ghana
Judgment Date: 27 October 2023
Case Number: A2/10/2024
Procedural Posture: Civil / Ruling on Motion to Strike Out Party for Misjoinder
Outcome: application granted; 1st defendant/applicant struck out as party
Legal Topics: Misjoinder of Parties, Rent Arrears, Vacant Possession
Source Language: English

Civil Procedure Landlord and Tenant Misjoinder of Parties Rent Arrears Vacant Possession

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Parties

Kwabena Nalibie

Plaintiff/1st Respondent

Biliham Emmanuel

1st Defendant/applicant

Boramanaa Grace

2nd Defendant/2nd Respondent

Procedural Posture

Civil / Ruling on Motion to Strike Out Party for Misjoinder

Legal Issues

1 Whether the 1st defendant/applicant is a proper or necessary party to the suit
2 Who is liable for the rent arrears and possession of the disputed property

Ratio Decidendi

Court Disposition

application granted; 1st defendant/applicant struck out as party

Orders

Applicant is not responsible for paying rent arrears of GH¢1,044.00 or any further accumulated rent.
2nd respondent is ordered to pay rent arrears of GH¢1,044.00 due to 1st respondent.