Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ENABLIS ENTREPRENEURIAL NETWORK GHANA
V.
TULLOW GHANA LIMITED

(2021) JELR 108972 (CA)    
Court of Appeal  ·  H1/185/2020 ·  27 May 2021 ·  Ghana
CORAM
DENNIS ADJEI JA (PRESIDING), P. BRIGHT MENSAH JA, OBENG-MANU JNR

Ratio Decidendi

Core Terms Beta
appellant
respondent
plaintiff
appeal
grounds of appeal
learned high court judge
high court
supreme court
audit report
laws of ghana
want of capacity
plaintiff company
statement of claim
cause of action
directors of a company
honourable court
legal arguments
notice of appeal
omnibus ground of appeal
appellate court
appropriate cases
articles of the company
legal action
main office
private limited company
provisions of section
trial courts
weight of evidence
1st november
anardarko wctp petroleum company
company number
decision of the high court
direct file
five million united states dollars
following issues
general damages
instance of the defendant
order of the court
plaintiff’s request
powers of a natural person of full capacity
private company
respondent’s case
written notice

RULING ON APPEAL

OBENG-MANU, JNR, J.A 

INTRODUCTION 

The High Court sitting at Accra on 5th March, 2019, dismissed an application at the  instance of the Defendant/Appellant herein to non-suit the Plaintiff/Respondent for  want of capacity. Being aggrieved and dissatisfied with the decision of the High Court, the Defendant/Appellant filed an appeal against the ruling on 26th March, 2019. 

For purposes of this ruling, the Plaintiff/Respondent shall simply be referred to as the  Respondent while the Defendant/Appellant shall also be referred to as the Appellant. 

Facts 

The Respondent is a private company registered under the laws of Ghana. It is limited by  guarantee. The Respondent in paragraph 1 of its statement of claim described itself as  company limited by guarantee and incorporated under the laws of Ghana to provide, inter alia, entrepreneurs with the necessary skills, training, funding, and networking  opportunities and supporting the development and growth of small and medium  ente…

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