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

(2010) JELR 63835 (HC)    
High Court  ·  SUIT NO: INDL/2/09 ·  20 Mar 2010 ·  Ghana
CORAM
JUSTICE KWABENA ASUMAN-ADU
Core Terms Beta
suit
plaintiff
application
court
st
order
defendants
conditional appearance
fresh step
high court
summary judgment
personal capacity
personal liability
supreme court
court of appeal
current case
specific personal liability
lawful authority
personal capacities
plaintiff claims
amartey vrs social security bank
chairman of the governing board
material times
social security bank vrs robertson
14days time
board chairman
chief executive officer
dismissal letter of the plaintiff
issue of the plaintiff
lifting of the veil of incorporation
main reason
ones actions
page affidavit
principles of vicarious liability
proper person
public institutions
republic vrs high court
republic vrs high court koforidua
respondent claims
rules of affidavit
said affidavit
set aside
shareholder of the company
statement of case
statement of facts
substantive application
substantive law
various grounds

RULING

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

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

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