AMANKWAH VRS. OFORIWAA AND OTHERS (LC/216/2022) [2023] GHAHC 600 (20 December 2023)

AMANKWAH VRS. OFORIWAA AND OTHERS (LC/216/2022) [2023] GHAHC 600 (20 December 2023)

The application to strike out the plaintiff's suit is refused because there are triable issues regarding the occupation and ownership of the disputed land, the plaintiff was not a party to the previous suit, and allegations of fraud have been particularized. The matter requires investigation and is not a plain and...

Source-derived case information.

Citation
[2023] GHAHC 600
Parties
Plaintiff: Nana Kwame Amankwah; 1st Defendant: Adwoa Oforiwaa; 2nd Defendant: Abass Gyiwa; 3rd Defendant: Joseph Amarquaye
Court
High Court
Jurisdiction
Ghana
Judgment Date
20 December 2023
Case Number
LC/216/2022
Procedural Posture
Civil / Ruling on Motion to Dismiss for Abuse of Process
Outcome
Application to strike out paragraphs 5 and 6 of the statement of claim and dismiss the suit is refused and dismissed.
Legal Topics
Abuse of Process, Striking Out Pleadings, Fraud, Setting Aside Judgment
Source Language
english
Civil Procedure Land Law Abuse of Process Striking Out Pleadings Fraud Setting Aside Judgment

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Parties

Nana Kwame Amankwah

Plaintiff

Adwoa Oforiwaa

1st Defendant

Abass Gyiwa

2nd Defendant

Joseph Amarquaye

3rd Defendant

Procedural Posture

Civil / Ruling on Motion to Dismiss for Abuse of Process

Legal Issues

  1. 1 Whether the plaintiff's suit is an abuse of the court process and should be struck out
  2. 2 Whether there are triable issues regarding the ownership and occupation of the disputed land
  3. 3 Whether the plaintiff, not being a party to the previous suit, can seek to set aside the judgment for fraud

Ratio Decidendi

The application to strike out the plaintiff's suit is refused because there are triable issues regarding the occupation and ownership of the disputed land, the plaintiff was not a party to the previous suit, and allegations of fraud have been particularized. The matter requires investigation and is not a plain and obvious case for summary dismissal.

Court Disposition

Application to strike out paragraphs 5 and 6 of the statement of claim and dismiss the suit is refused and dismissed.

Orders

  • No order as to costs
  • Matter to proceed in the normal course