Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



CHAMPION BROAD CASTING LTD
V.
MULTI-CHOICE GHANA LTD – ACCRA, DSP SETH SERWORNU OF NATIONAL CID HEADQUARTERS ACCRA AND MATHIAS BAWA

(2016) JELR 69772 (HC)    
High Court  ·  SUIT NO. C12/262/2016 ·  1 Dec 2016 ·  Ghana
CORAM
FRANCIS OBIRI

Ratio Decidendi

Core Terms Beta
second defendant
case
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rule
attorney general
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government officials
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police officer
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behalf of the inspector general of police
course of a criminal investigation
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deputy superintendent of police
divestiture implementation committee
electoral commission
ghana police service
inspector general of police
instant action
issue of the legal representation
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national democratic party
new rules
official capacity
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old high court
own pleadings
present legal representation
proper party
service of writs
such persons
suo motu
suo mutu
trial court

RULING

OBIRI, J.

The 1st and 2nd defendants have brought this instant application to have the 2nd defendant disjoined from this suit. The motion is supported by affidavit. I wish to quote the relevant paragraphs in this ruling:

(3) The instant suit discloses no cause of action against the 2nd defendant as it seeks reliefs against the 2nd defendant for actions performed in the course of a criminal investigation by the Ghana Police Service into the activities of the plaintiff.

(4) The plaintiff by its own pleadings states that the operation complained of was conducted with policemen in uniform and rightfully addresses the 2nd defendant as a Deputy Superintendent of Police which is indeed the office/designation of the 2nd defendant

(5) The 2nd defendant is not a proper party to be sued in respect of official acts of the Ghana Police Service in which he participated in his official capacity.

(6) The reliefs sought against the 2nd defendant including the recovery of items seized by the police ca…

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