Kwartekwei and 2 Others Vrs Crah [2023] GHAHC 350 (19 July 2023)

Kwartekwei and 2 Others Vrs Crah [2023] GHAHC 350 (19 July 2023)

The plaintiff was within their rights to discontinue the previous suit and adequately compensated the defendant. There is no abuse of process as the interests of justice are best served by consolidating the suits rather than striking out the pleadings.

Citation
[2023] GHAHC 350
Parties
Plaintiff: Samuel Kwartekwei; Plaintiff: Judith Quartey; Plaintiff: Reginard Quartey; Defendant: Rose Crah
Court
High Court
Jurisdiction
Ghana
Judgment Date
19 July 2023
Procedural Posture
Civil / Interlocutory Application (motion to Strike Out Pleadings)
Outcome
application refused
Legal Topics
Abuse of Process, Consolidation of Suits, Discontinuance of Action
Source Language
English
Civil Procedure Land Law Abuse of Process Consolidation of Suits Discontinuance of Action

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Parties

Samuel Kwartekwei

Plaintiff

Judith Quartey

Plaintiff

Reginard Quartey

Plaintiff

Rose Crah

Defendant

Procedural Posture

Civil / Interlocutory Application (motion to Strike Out Pleadings)

Legal Issues

  1. 1 Whether the instant suit constitutes an abuse of court process due to a previous similar suit between the same parties on the same subject matter
  2. 2 Whether the pleadings should be struck out as an abuse of process

Ratio Decidendi

The plaintiff was within their rights to discontinue the previous suit and adequately compensated the defendant. There is no abuse of process as the interests of justice are best served by consolidating the suits rather than striking out the pleadings.

Court Disposition

application refused

Orders

  • Suit to take its normal course
  • Cost of GH¢1,500.00 awarded in plaintiff’s favor