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INDEPTH NETWORK
V.
DANIEL KOFI BAKU & NINE OTHERS

(2019) JELR 65868 (HC)

High Court 4 Feb 2019 Ghana
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- The case involves a motion for misjoinder filed by the 5th Defendant, Mr. Nana Agyei Baffour Awuah, who is also the Solicitor who issued the writ of summons for the Plaintiffs, Indepth Network. - Mr. Awuah seeks to be struck out as a part

Case Details

Suit Number:SUIT NO: GJ/826/2018
Judges:HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Counsel:MR. ANDREW APPAU OBENG FOR THE 5TH DEFENDANT TO COUNTERCLAIM - NANA AGYEI BAFFOUR AWUAH; JUSTIN AMENUVOR FOR THE 1ST TO 7TH DEFENDANTS/ RESPONDENTS

ACKAAH-BOAFO, J.

MOTION FOR MISJOINDER

i. Introduction:

[1] The facts of this case are free from complexity. The Plaintiff Indepth Network issued out a Writ of Summons sealed at the registry of this Court against the Defendants herein for certain judicial reliefs. Mr. Justin Amenuvor entered appearance for the 1st to 7th Defendants and filed a Statement of Defence and Counterclaim against certain Defendants including the 5th Defendant, Mr. Nana Agyei Baffour Awuah who is the Solicitor who issued the writ of summons for the Plaintiffs.

[2] The 5th Defendant/Applicant to the Counterclaim has brought the instant application for an order to strike him out as a party to the action on the grounds that he is not a necessary party pursuant to the inherent jurisdiction of the Court and/or Order 4(5) of the High Court Civil Procedure Rules, 2004 (C.I. 47). The Applicant prays the Court to strike him out as a party to the suit on the grounds that the suit (i) discloses no reasonable cause of action …

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