CEMENTIA TRADING AG.
V.
FORTRESS INVESTMENT GH. LTD. DILIP VASWANI

(2012) JELR 65636 (HC)    
High Court  ·  SUIT NO: OCC/50/12 ·  18 Dec 2012 ·  Ghana
CORAM
LORDSHIP JUSTICE TANKO AMADU (J.A)
Core Terms Beta
plaintiff
party
2nd defendant
suit
applicant
statement of claim
1st defendant
necessary party
order
statement of defence
inter alia
personal liability
view
absence of cogent evidence
acts of negotiating
behalf of the defendants
case of morkor vrs
correct statement of the law
decision of the supreme court
direction of 2nd defendant
earlier case of owusu vrs
east coast fisheries case
english law
eventual evaluation of facts
executive officer of the 1st defendant company
existence of a special relationship
following words
human element
instant application
intended contract of sale of the subject matter
legal person
list of authorities
natural life health foods ltd.
natural person
objective test
present purposes
primary focus
respondents endorsement of reliefs
respondents statement of claim
r. n. thorne ltd.
separate entity
similar argument
special relationship
stage of proceedings
state
state of mind of the defendant
sufficient traverse
supreme court
wrongful removal of the plaintiff

1. It is provided under order 4 Rule 5 (2) of CI 47 as follows:

At any stage of proceedings the court may on such terms as it thinks just either of its 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”

2. The 2nd Defendant/Applicant has invoked this provision and seeks an order disjoining him as a party in this suit.

In his affidavit in support, the 2nd Defendant/Applicant asserts that he was not a party to any contract which gave rise to this suit but had at all material times acted in the capacity of Chief Executive Officer of the 1st Defendant company. He further asserts that the Plaintiff/Respondents endorsement of reliefs reveal that it is the 1st

Defendant and not himself who shall be liable to the relief sought if successful adding that the Plaintiff/Respondents statement of claim does not disclose any reasonable cause of action against him per…

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