Ayittah and 5 Others Vrs Attorney General and 2 Others [2023] GHAHC 80 (23 June 2023)

Ayittah and 5 Others Vrs Attorney General and 2 Others [2023] GHAHC 80 (23 June 2023)

The information sought by the 1st Defendant can be obtained from the District Assembly, and it is not for one party to compel another to amend their pleadings. The application is incompetent and is struck out.

Citation
[2023] GHAHC 80
Parties
Plaintiffs: Meshack Ayittah & 5 Ors.; 1st Defendant: Attorney General; 2nd Defendant: 2nd Defendant; 3rd Defendant: 3rd Defendant
Court
High Court
Jurisdiction
Ghana
Judgment Date
23 June 2023
Procedural Posture
Civil / Ruling on Motion for Further and Better Particulars
Outcome
Application struck out as incompetent
Legal Topics
Pleadings, Particulars, Joinder of Parties
Source Language
English
Civil Procedure Pleadings Particulars Joinder of Parties

Case Brief

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Parties

Meshack Ayittah & 5 Ors.

Plaintiffs

Attorney General

1st Defendant

2nd Defendant

2nd Defendant

3rd Defendant

3rd Defendant

Procedural Posture

Civil / Ruling on Motion for Further and Better Particulars

Legal Issues

  1. 1 Whether Plaintiffs should be ordered to provide further and better particulars of the responsible MDA to justify the joinder of the Attorney General as a party

Ratio Decidendi

The information sought by the 1st Defendant can be obtained from the District Assembly, and it is not for one party to compel another to amend their pleadings. The application is incompetent and is struck out.

Court Disposition

Application struck out as incompetent

Orders

  • Defendant is ordered to file their Defence in this suit