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ASOMDWEE GROUP LIMITED TEMA
V.
AIRLAND COMPANY LIMITED & 3 ORS

(2020) JELR 114444 (HC)

High Court 14 Jan 2020 Ghana
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- Plaintiff sought reliefs against the 1st Defendant company and its director (2nd Defendant/Applicant) related to damages for fire destruction of a warehouse, including payment of insurance value, rent, breach of contract damages, and liti

Case Details

Suit Number:GJ 0255/2020
Judges:JENNIFER A. DADZIE, J
Counsel:LEONARD KWOWO SEDZRO, ESQ., OF GYINAYE CHAMBERS, AHUDWO KETEWA, NSAWAM, COUNSEL FOR PLAINTIFF/RESPONDENT WEIGIANG YANG, ESQ., OF NOON ASSOCIATES, TEMA, COUNSEL FOR 2ND DEFENDANT/APPLICANT
Location:Accra

RULING

Order 5 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) provides in pertinent part that:

“5. (1) No proceedings shall be defeated by reason of misjoinder or non-joinder of any party; and the Court may in any proceeding determine the issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the proceedings.

(2) At any stage of proceedings the Court may on such terms as it thinks just either of its own motion or on application

(a) order any person who has been improperly or unnecessarily made a party or who for any reason is no longer a party or a necessary party to cease to be a party;”

The Applicant, 2nd Defendant herein, by way of this present application, has invoked these rules and the powers of the court arising from its inherent jurisdiction to seek an order striking out his name from the suit as a party. He grounds his application on reasons set out in his affidavit in support, which he deposed to personally. The …

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