Adom Vrs Dominion Paints Manufacturing [2023] GHAHC 372 (24 March 2023)

Adom Vrs Dominion Paints Manufacturing [2023] GHAHC 372 (24 March 2023)

The Originating Motion seeks reliefs substantially identical to those in a prior suit, constituting an abuse of process and multiplicity of suits; therefore, the depositions are struck out and the action dismissed.

Citation
Adom Vrs Dominion Paints Manufacturing [2023] GHAHC 372 (24 March 2023)
Parties
Plaintiff: Stephen Komla Adom; Defendant: Dominion Paints Manufacturing; Applicant/respondent: Julius Nketiah with Etella Elikplim Adabla; Respondent/applicant: Prince Boahen Gyan holding brief for Sean Poku
Court
ghahc
Jurisdiction
Ghana
Judgment Date
24 March 2023
Procedural Posture
Originating Motion for Injunction and Declaration of Nullity / Judgment
Outcome
Application granted; Originating Motion dismissed.
Legal Topics
Abuse of Process, Multiplicity of Suits, Directorship, Shareholding, Injunction, Declaration of Nullity
Source Language
eng
Company Law Civil Procedure Abuse of Process Multiplicity of Suits Directorship Shareholding Injunction Declaration of Nullity

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Parties

Stephen Komla Adom

Plaintiff

Dominion Paints Manufacturing

Defendant

Julius Nketiah with Etella Elikplim Adabla

Applicant/respondent

Prince Boahen Gyan holding brief for Sean Poku

Respondent/applicant

Procedural Posture

Originating Motion for Injunction and Declaration of Nullity / Judgment

Legal Issues

  1. 1 Whether the Originating Motion constitutes an abuse of process due to multiplicity of suits
  2. 2 Whether the reliefs sought are substantially the same as those in prior litigation

Ratio Decidendi

The Originating Motion seeks reliefs substantially identical to those in a prior suit, constituting an abuse of process and multiplicity of suits; therefore, the depositions are struck out and the action dismissed.

Court Disposition

Application granted; Originating Motion dismissed.

Orders

  • Paragraphs 5 to 23 of the affidavit in support of the Originating Motion struck out as abuse of process.
  • Respondent's action dismissed.