Annan Vrs Cudjoe [2023] GHAHC 347 (17 February 2023)

Annan Vrs Cudjoe [2023] GHAHC 347 (17 February 2023)

The defendant has no interest in the subject matter of the dispute and therefore cannot be properly sued. The court, exercising its inherent jurisdiction, set aside the writ as an abuse of process.

Citation
Annan Vrs Cudjoe [2023] GHAHC 347 (17 February 2023)
Parties
Plaintiff: Nii Obodai Annan; Defendant: Ivan Bruce Cudjoe
Court
ghahc
Jurisdiction
Ghana
Judgment Date
17 February 2023
Procedural Posture
Civil Land Dispute / Ruling on Application to Strike Out Writ and Statement of Claim
Outcome
Plaintiff's writ of summons and statement of claim struck out; service of the writ on the defendant set aside.
Legal Topics
Abuse of Process, Proper Party to Suit, Inherent Jurisdiction, Conditional Appearance
Source Language
eng
Civil Procedure Land Law Abuse of Process Proper Party to Suit Inherent Jurisdiction Conditional Appearance

Case Brief

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Parties

Nii Obodai Annan

Plaintiff

Ivan Bruce Cudjoe

Defendant

Procedural Posture

Civil Land Dispute / Ruling on Application to Strike Out Writ and Statement of Claim

Legal Issues

  1. 1 Whether the defendant, having entered conditional appearance, can apply to strike out the writ and statement of claim as an abuse of process
  2. 2 Whether the defendant is a proper party to the suit given his lack of interest in the subject matter

Ratio Decidendi

The defendant has no interest in the subject matter of the dispute and therefore cannot be properly sued. The court, exercising its inherent jurisdiction, set aside the writ as an abuse of process.

Court Disposition

Plaintiff's writ of summons and statement of claim struck out; service of the writ on the defendant set aside.

Orders

  • Writ of summons set aside/struck out