BETTY DANSO
V.
THE SEED FUNDS SAVINGS AND LOANS LTD & ANOR

(2023) JELR 111903 (HC)

High Court 9 Nov 2023 Ghana
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- Plaintiff alleged she invested funds with the Defendant, who defaulted on repayment; Defendant claimed it had deposited the Plaintiff’s investment with Seed Funds, Savings and Loans Ltd. (“Seed Funds”), which failed to repay, thereby prev

Case Details

Suit Number:CM/RPC/0504/2022
Judges:FRANCIS OBIRI, J
Counsel:NANA BOAKYE ADU-POKU FOR PLAINTIFF/RESPONDENT PATIENCE ACKAH FOR JAMES MENSAH KULLEY FOR DEFENDANT/APPLICANT STEPHANS AHENE-TRULY FOR KWESI AUSTIN FOR RESPONDENT
Location:Accra

RULING

I have listened to the submissions for and against the motion to join Seed Funds, Savings and Loans Ltd. to this case as 2 Defendant.

I have read all the documents filed in this application in support of the motion for joinder and in opposition.

Under Order 4 rule 5(2) (b) of C.I. 47, the Court at any stage of proceedings may on such terms as it thinks just, either of its own motion or upon an application order any person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the proceedings are effectively and completely determined and adjudicated upon to be added as a party.

The test as to whether a person is a necessary party will depend on the circumstances of each case.

See: BONSU and ANOTHER v. BONSU [1971] 2 GLR 242

SOON BOON SEO v. GATEWAY WORSHIP CENTRE [2008-2009] 1 GLR 21 SC

A person in this context can be either artificial or natural person. In this case, the Plaintiff is alleging that she placed he…

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