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BEDSTUY LIMITED
V.
PHOENIX POWER MR. TAREK NASSER

(2019) JELR 67639 (HC)

High Court 18 Apr 2019 Ghana
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- The case involves a dispute between the Plaintiff and the 1st Defendant. - The Plaintiff applied to amend the writ of summons and statement of claim, and the Court granted the application and ordered the joinder of the 2nd Defendant. - Th

Case Details

Suit Number:SUIT NO: GJ/872/2016
Judges:HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Counsel:NANA AGYEI BAFFOUR AWUAH FOR THE PLAINTIFF/ APPLICANT ,MR. OSMAN GYAN FOR THE 2ND DEFENDANT/ APPLICANT

RULING

ACKAAH-BOAFO, J.

Introduction:

[1] The facts of this case are free from complexity. On May 3, 2018 this Court granted the Plaintiff/Applicant’s application for Amendment and in doing so joined Mr. Tarek Nasser as the 2nd Defendant. Shortly thereafter on July 3, 2018 Mr. Bobby Banson of Smith and Adelaide Law filed a “Motion on Notice to Strike out Name of 2nd Defendant”. The record shows that on Friday, 27 July 2018 Ms. Ama Asare Korang holding the brief of Bobby Banson moved the application for misjoinder of the 2nd Defendant. The record further shows that the Court informed Counsel that there are two main problems with the application. First, there was no proof of service of the joinder of the 2nd Defendant after the amendment ruling for him to be officially joined. Secondly, the Court informed Counsel that the reasons given for the misjoinder are the same reasons/arguments advanced against the grant of the application for amendment. The Court stated that the application was the…

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