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ISAAC OWUSU AMPOFO
V.
OBAK AUTOMOBILES LTD & ANOR

(2023) JELR 112437 (CA)

Court of Appeal 19 Jan 2023 Ghana
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- The Court of Appeal allowed the appeal and ordered the joinder of Glico Group Ltd as 2nd defendant, holding that Glico Group Ltd is a necessary party based on its material interest in the disputed buses. - Key legal principle: Under Order

Case Details

Suit Number:H1/06/2023
Judges:MARGARET WELBOURNE JA (PRESIDING) P. BRIGHT MENSAH JA JANAPARE BARTELS-KODWO JA
Counsel:MATTHEW APPIAH FOR APPELLANT. NANA BANNIN ACKON WITH DZIDZOR AMI LOGOH AND JOYCE BARFI FOR DEFENDANT/RESPONDENT.
Location:Accra

JUDGMENT

BRIGHT MENSAH JA:

The most prominent issue that has given rise to the instant appeal is whether Glico Group Ltd, the party that the plaintiff/appellant herein sought to join in the matter was/is a necessary party and by extension, whether the learned trial judge in the court below exercised her judicial discretion properly when she refused to grant the application for the order of joinder.

As we proceed to examine the facts of the case and to make a determination as to whether the appeal has any merit at all, the plaintiff/appellant herein shall simply be referred to as the appellant, and the defendant/respondent and the respondent/respondent, as the respondents.

Background facts:

The appellant issued a writ of summons in the registry of the Commercial Division of the High Court, Accra on 10/04/2019 against the respondent, Obak Automobiles Ltd endorsed with the following reliefs:

a. a declaration that the seizure or forfeiture of the buses by the defendant without complying with th…

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