Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



INDEPTH NETWORK
V.
DANIEL KOFI BAKU

(2018) JELR 107890 (HC)    
High Court  ·  SUIT NO: GJ/826/2018 ·  13 Jul 2018 ·  Ghana
CORAM
KWEKU T. ACKAAH-BOAFO

Ratio Decidendi

Core Terms Beta
plaintiff
court
counsel
7th defendants
inherent jurisdiction
conditional appearance
high court
instant application
1st defendant
best practice
inherent jurisdiction of the court
instant action
registrar general
counsel’s opinion
court’s jurisdiction
learned counsel
order of perpetual injunction
plaintiff’s action
3rd ed
above legal exposition
applicants mr. justin amenuvor
arguments of counsel
broad bases
company secretary of the plaintiff company
court of appeal coram
executive council members of the plaintiff company
face of clear rules of procedure
former executive director of the plaintiff company
fundamental issue
further case of the plaintiff
given case
halsbury laws of england 4th ed
harriet morrison
inherent power
main question
nee baah
review judgment of the supreme court
separate legal entity
subject of inherent jurisdiction of the court
submission of applicant
subscribing member of the plaintiff company
text writers
writ set

RULING ON MOTION TO DISMISS SUIT 

Introduction: 

[1] This is an application by 1st to 7th Defendants/Applicants herein praying that the Plaintiff’s action being the Writ of Summons and Statement of Claim be dismissed on grounds that the action  is wrong in law and in fact. 

The Action

[2] It recalls that on the 24th day of May, 2018 the Plaintiff commenced this instant action by issuing a writ of summons against the Defendants herein for the following judicial reliefs:

a) A declaration that the 1st Defendant is not the Company Secretary of the Plaintiff  Company; 

b) A declaration that the 1st, 2nd, 3rd, 4th, 5th, 6th and 7th Defendants are neither  subscribers nor executive council members of the Plaintiff Company; 

c) An order of perpetual injunction restraining the 1st Defendant from holding himself  out as Company Secretary of the Plaintiff Company; 

d) An order of perpetual injunction restraining the 1st, 2nd, 3rd, 4th, 5th, 6th and 7th  Defendants from holding themselves out as subs…

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