Adom Vrs Dominion Paints Manufacturing [2023] GHAHC 42 (24 March 2023)

Adom Vrs Dominion Paints Manufacturing [2023] GHAHC 42 (24 March 2023)

The Originating Motion seeks reliefs substantially identical to those in a prior suit, constituting an abuse of process. The court's legal machinery should not be misused for duplicative litigation. Depositions in Paragraphs 5 to 23 are struck out and the action dismissed.

Source-derived case information.

Citation
Adom Vrs Dominion Paints Manufacturing [2023] GHAHC 42 (24 March 2023)
Parties
Plaintiff: Stephen Komla Adom; Defendant: Dominion Paints Manufacturing; Applicant/respondent Counsel: Julius Nketiah; Respondent/applicant Counsel: Prince Boahen Gyan
Court
ghahc
Jurisdiction
Ghana
Judgment Date
24 March 2023
Procedural Posture
Miscellaneous Application / Judgment
Outcome
application granted; action dismissed
Legal Topics
Abuse of Process, Multiplicity of Suits, Injunctions, Nullity of Corporate Actions
Source Language
en
Company Law Civil Procedure Abuse of Process Multiplicity of Suits Injunctions Nullity of Corporate Actions

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Parties

Stephen Komla Adom

Plaintiff

Dominion Paints Manufacturing

Defendant

Julius Nketiah

Applicant/respondent Counsel

Prince Boahen Gyan

Respondent/applicant Counsel

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the Originating Motion constitutes an abuse of process due to duplicative litigation
  2. 2 Whether reliefs sought are substantially the same as those in prior suit
  3. 3 Whether the court should strike out depositions and dismiss the action

Ratio Decidendi

The Originating Motion seeks reliefs substantially identical to those in a prior suit, constituting an abuse of process. The court's legal machinery should not be misused for duplicative litigation. Depositions in Paragraphs 5 to 23 are struck out and the action dismissed.

Court Disposition

application granted; action dismissed

Orders

  • Paragraphs 5 to 23 of Respondent's affidavit struck out as abuse of process
  • Respondent's Originating Motion dismissed