Ratio DecidendiRatio DecidendiRatio Decidendi



ADJENIM BOATENG ADJEI
V.
DR JOSEPH SIAW ADJEPONG AND ANOTHER

(2017) JELR 63960 (HC)    
High Court  ·  SUIT No. IL 0148/2016 ·  2 Mar 2017 ·  Ghana
CORAM
JUSTICE GIFTY DEKYEM (MRS) JUSTICE OF THE HIGH COURT LABOUR DIVISION I ACCRA

Ratio Decidendi

Core Terms Beta
plaintiff
defendants
cause of action
basic salary
limited liability company
statement of claim
executive chairman
reasonable cause of action
contract of employment
distinct legal entities
instant suit
veil of incorporation
written contract of employment
zoom alliance company
civil procedure
decision of the court of appeal
director of alliance waste company limited
director of zoom alliance company limited
formal process
high court
honourable court
human resources
issue of the unsigned contract of employment
light of the above discussions
light of the evidence
main shareholder
managing director
managing director of a subsidiary company
managing director of the said company
modest beginning
only reason
ordinary rules of law
parent company
payment of other emoluments
personal capacity
privy council
profile of the company
public policy
specific personal liability
subsequent rounds of discussions
subsidiary company
supreme court
zoom alliance company limited

JUDGMENT

DEKYEM (MRS), J.

Defendants move the instant motion on notice to strike out paragraphs 4 to 11 of the statement of claim as disclosing no cause of action against Defendants. The statement of claim is as follows:

1. The Plaintiff was from August 2005 to July 2010, the Chief Executive Officer of the Ghana Public Procurement Authority.

2. The 1st Defendant is the Executive chairman of the 2nd Defendant. The 2nd Defendant is a limited liability company with subsidiaries, engaged in the evacuation and disposal of waste/refuse, among other objects. The 2nd Defendant has its registered office at MnaiDjor, Accra.

3. The Plaintiff avers that sometime in July 2012, the 1st Defendant invited him for a meeting. He attended the meeting and the 1st Defendant acting for himself and 2nd Defendant broached the idea of engaging him as the Managing Director of a subsidiary company of the 2nd Defendant. (i.e. the Zoom Alliance Company Limited) which was then in its formative stages. After subsequent …

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