Lydia Mahama Aka Mrs. Lydia Akazara Suing Per Her Lawful Attorney Vrs Raphael Akazara [2023] GHACC 440 (11 August 2023)

Lydia Mahama Aka Mrs. Lydia Akazara Suing Per Her Lawful Attorney Vrs Raphael Akazara [2023] GHACC 440 (11 August 2023)

The plaintiff is not a nominal plaintiff as she is suing for her own benefit through a lawful attorney, not for another person. Residence abroad alone does not justify security for costs. The application is misconceived and dismissed.

Citation
[2023] GHACC 440
Parties
Plaintiff/respondent: Lydia Mahama aka Mrs Lydia Akazara; Plaintiff's Attorney: Sabrina Alou Yao; Defendant/applicant: Raphael Akazara
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
11 August 2023
Procedural Posture
Civil / Ruling on Motion for Security for Costs
Outcome
Application dismissed
Legal Topics
Security for Costs, Nominal Plaintiff, Jurisdiction, Costs
Source Language
English
Civil Procedure Security for Costs Nominal Plaintiff Jurisdiction Costs

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Parties

Lydia Mahama aka Mrs Lydia Akazara

Plaintiff/respondent

Sabrina Alou Yao

Plaintiff's Attorney

Raphael Akazara

Defendant/applicant

Procedural Posture

Civil / Ruling on Motion for Security for Costs

Legal Issues

  1. 1 Whether the plaintiff should be ordered to provide security for costs under Order 24 Rule 1(1)(a) & (b) of CI 47
  2. 2 Whether the plaintiff is a nominal plaintiff

Ratio Decidendi

The plaintiff is not a nominal plaintiff as she is suing for her own benefit through a lawful attorney, not for another person. Residence abroad alone does not justify security for costs. The application is misconceived and dismissed.

Court Disposition

Application dismissed

Orders

  • Costs of GH¢2,000.00 awarded against the defendant/applicant