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HOTEL DE TEXAS AND ANOTHER
V.
STATE INSURANCE COMPANY LIMITED

(2017) JELR 64004 (HC)

High Court 24 Jul 2017 Ghana
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- This case involves an application to join Engas Company Limited as a co-defendant in a pending suit. - The plaintiffs had previously obtained a judgment in their favor against Engas Ltd, but the company has refused or failed to pay the ju

Case Details

Suit Number:SUIT NO. OCC 49/2016
Judges:DR. RICHMOND OSEI-HWERE HIGH COURT JUDGE
Counsel:KWAME ADOM APPIAH FOR PLAINTIFFS/APPLICANTS; TONY MMIEH FOR THE RESPONDENT.

RULING

OSEI-HWERE, J.

This is an application praying the honourable court for an order aimed at joining Engas Company Limited to the present suit as a co-defendant.

BACKGROUND

The background to this application is that the Plaintiffs on 28th November, 2008 took a writ of summons against Engas Ltd in this court and judgment was delivered in favour of the Plaintiffs on 30th March, 2012. The Plaintiff subsequently served entry of judgment on Engas Ltd through its officials and notwithstanding the service, Engas has refused or failed to pay the judgment debt. This compelled the Plaintiffs to sue the insurers of Engas as well as Sampson Gambrah-Sampene and Gabriel Gambrah-Sampene who are directors of Engas. Upon an application the court subsequently struck out the names of Sampson Gambrah-Sampene and Gabriel Gambrah-Sampene as unnecessary parties to the suit. The plaintiffs are therefore praying to join Engas Ltd to the pending action against State Insurance Company Limited, the insurers of En…

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