The Weija Circuit Court has struck out the case of Columbus Okai, a claimant in litigation over land, situated at Weija.
A motion filed by Mr Solomon Tetteh, a Ghanaian resident in the United States of America (USA), also a claimant to the six plots of land, wanted the court to strike out the entire writ of summons, in which Justice Victor Ofoe, a Court of Appeal judge is a plaintiff.
Dr Aristotle Kotey, counsel for Mr Tetteh, stated that Justice Ofoe’s writ of summons violated civil procedure rule.
But, ruling on the application, Mr Bernard Bentil, presiding, said the entire writ could not be struck out because it was “a clear issue of misjoinder”.
He stressed “it is, however, proper that Columbus Okai (the first plaintiff is struck out of the writ”.
Mr Okai and Justice Ofoe sued Mr Tetteh for alleged trespassing of the land, which Mr Tetteh, the defendant, claimed was sold to him in 1997, through his brother, Jonathan Budu Tetteh, by the chief and Djatse Kwame Bosompem, the Akramamaa Kwashie Gborlor Family of Ngleshie Amanfro.
Mr Okai, also a Ghanaian resident in USA, and suing per attorney, said he bought the land in 1992 from the same family and built a single room for a caretaker.
The plaintiffs said the chiefs gave them documents covering the 1.08 acres of land in 2002.
In the case of Mr Okai, Dr Kotey argued that the plaintiff failed to disclose that he was suing on behalf of a person outside the jurisdiction, and that the address of the plaintiff was not indorsed in the writ of summons.
Dr Kotey contended that the plaintiffs’ writ of summons offends Order 2 Rule 4(2) of the High Court (Civil Procedure) rules, 2004 C.I.47.
That Order 2 Rule 4(2) provides that: “Before a writ is filed by a plaintiff who acts by an order or on behalf of a person resident outside Ghana, the writ shall be indorsed with a statement of claim of the fact and with address of the person so resident.”
Counsel urged the court to dismiss the writ along with all proceedings on grounds of non-compliance with the provisions of the law.
Justice Ofoe alleged he was invited by the Kasoa Police, following complaint of trespassing made by Mr Tetteh.
Mr Tetteh told the court that he showed his indenture and search reports to the Kasoa Police, having lodged a complaint.
He contended that in 2002, the chiefs did not own the six plots of land to have given documents to the plaintiffs.
The case stands adjourned.
BY MALIK SULLEMANA