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

(2012) JELR 69767 (HC)    
High Court  ·  SUIT NO: OCC/50/12 ·  18 Dec 2012 ·  Ghana
CORAM
LORDSHIP JUSTICE TANKO AMADU (J.A)
Core Terms Beta
plaintiff
respondent
2nd defendant
party
suit
counsel
1st defendant
applicant
paragraph
statement of claim
statement of defence
fact
inter alia
view
absence of cogent evidence
acts of negotiating
contract
correct statement of the law
court
decision of the supreme court
direction of 2nd defendant
english law
eventual evaluation of facts
evidence
executive officer of the 1st defendant company
following words
further answer
human element
intended contract of sale of the subject matter
list of authorities
peculiar circumstances of each case
position
prejudice
process
removal of the plaintiff
respondents endorsement of reliefs
respondents statement of claim
rule
self serving
separate entity
similar argument
sufficient traverse
supreme court
then house of lords
various authorities
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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