Atikpo Vrs. Adjei And 5 Others (E1/04/2024) [2024] GHAHC 300 (10 July 2024)

Atikpo Vrs. Adjei And 5 Others (E1/04/2024) [2024] GHAHC 300 (10 July 2024)

The 2nd, 3rd, and 6th defendants/applicants have no proprietary or legal interest in the disputed land and were on the land only at the behest of other defendants; their joinder is unnecessary and improper, warranting their removal as parties to the suit.

Citation
Atikpo Vrs. Adjei And 5 Others (E1/04/2024) [2024] GHAHC 300 (10 July 2024)
Parties
Plaintiff/respondent: Mr. Atikpo Godfred (Head of Madabajai Family); 1st Defendant: Ms. Adjei Dora; 2nd Defendant/applicant: Mr. Adjei Philip; 3rd Defendant/applicant: Mr. Fidelis Kuma Apotror; 4th Defendant: Mr. Rakibu Abdullai; 5th Defendant: Mr. Adjei John; 6th Defendant/applicant: Mr. Felix Olenu
Court
ghahc
Jurisdiction
Ghana
Judgment Date
10 July 2024
Procedural Posture
Civil / Interlocutory Application for Misjoinder
Outcome
application granted
Legal Topics
Misjoinder of Parties, Joinder of Parties, Proprietary Interest, Land Disputes
Source Language
eng
Civil Procedure Property Law Misjoinder of Parties Joinder of Parties Proprietary Interest Land Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr. Atikpo Godfred (Head of Madabajai Family)

Plaintiff/respondent

Ms. Adjei Dora

1st Defendant

Mr. Adjei Philip

2nd Defendant/applicant

Mr. Fidelis Kuma Apotror

3rd Defendant/applicant

Mr. Rakibu Abdullai

4th Defendant

Mr. Adjei John

5th Defendant

Mr. Felix Olenu

6th Defendant/applicant

Procedural Posture

Civil / Interlocutory Application for Misjoinder

Legal Issues

  1. 1 Whether the 2nd, 3rd, and 6th defendants/applicants are necessary or proper parties to the suit
  2. 2 Whether their joinder is improper and warrants striking out for misjoinder

Ratio Decidendi

The 2nd, 3rd, and 6th defendants/applicants have no proprietary or legal interest in the disputed land and were on the land only at the behest of other defendants; their joinder is unnecessary and improper, warranting their removal as parties to the suit.

Court Disposition

application granted

Orders

  • Names of 2nd, 3rd, and 6th defendants/applicants struck out as defendants on grounds of misjoinder
  • Cost of One thousand Ghana Cedis each awarded in favour of the applicants