Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1971) JELR 69659 (HC)    
High Court  ·  26 Jul 1971 ·  Ghana
Other Citations
[1971] 2 GLR 242

Ratio Decidendi

Core Terms Beta
popular merchants co.
wynn-parry j.
court of appeal
white book
cartons of peak milk
ltd. v
classes of cases
director of the second defendants
following words
inter alia
lopes l.j.
lord esher m.r.
dr. ekow daniels counsel
great inconvenience
head of claim
necessary parties
third defendants
accountant of the second defendants
breach of contract
cases of cartridges
case wynn-parry j.
colossal sum
decision of wynn-parry j.
detailed statement of claim
grounds of misconduct
joint contractor
limited liability company
local case
messrs. g. b. ollivant co.
multiplicity of action
order of this court
primary purpose
proper case
proposed interveners
relevant paragraphs of the pleadings
respect of the matters
said applicants
said person
said suspension
sales invoice no.
second defendants
stewardship of recent date
such applications
t.a.t. co.
taylor j.


On 19 July 1971 I refused an application by the defendants-applicants and I reserved my reasons for so refusing to today. I did so because this application before me brought under Order 16, r. 11 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A.), involved a point of procedure of rare occurrence and does not seem to me to have been dealt with in the past in any way that can be properly described as full. I took the view that if it is fully dealt with such applications by tortfeasors will continue to be as rare here as they have been in England. The one local case directly in point which I came across, namely, Apenteng v. Bank of West Africa [1961] G.L.R. 81 to be dealt with later on in this judgment does not appear to have been vigorously argued although in its result the similar application therein made suffered the same fate as the application herein and for reasons which although short and concise are in my respectful opinion right.

With this preliminar…

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