G. O. T. DARKWAH
V.
D. R. K. SANKAH & 2 ORS.

RULING

This ruling is in respect of Motion on Notice filed by the 1^st and 2^nd Defendants praying this Court for an order striking out their names as parties to this suit. The Plaintiff/Respondent has opposed the application on various grounds.

The Defendants/Applicants aver that 1^st and 2^nd Defendants/Applicants are officers of the 3^rd Defendant which has a separate legal personality, but 1^st and 2^nd Defendants/Applicants have been joined to the suit in their personal capacities. Meanwhile, at all material times, they were acting as agents for 3^rd Defendant. By virtue of this agency relationship between 1^st and 2^nd Defendants and 3^rd Defendant, Plaintiff/Respondent has erred in substantive law and procedure by joining 1^st and 2^nd Defendants to this suit in their personal capacities. This is because the 3^rd Defendant, which is the principal, is responsible for whatever action taken by 1^st and 2^nd Defendants as agents.

According to counsel for the Defendants, the 1^st and 2^nd Defendants/App…