Customer Support

NICHOLAS IVOR & ORS
V.
FORTUNE ALIMI & 2 ORS

(2022) JELR 110118 (HC)

High Court 16 Mar 2022 Ghana
BriefBot icon

BriefBot Summary

Free

- The question of joinder or misjoinder can be resolved by the court by examining the pleadings or through evidence. - Misjoinder of any party does not defeat the proceedings. - The 3rd Defendant can be disjoined at any time before judgment

Case Details

Suit Number:GJ/1852/2019
Judges:HIS LORDSHIP JUSTICE FRANCIS OBIRI
Counsel:DESMOND ISRAEL FOR L.S.N. AKUETTEH FOR PLAINTIFFS/RESPONDENTS NII AMARTEY AMARTEIFIO FOR MICHELLE AKUFFO FOR 3 DEFENDANT/APPLICANT

RULING

I have listened to the submissions for and against the 3 Defendant being disjoined.  It is a fact that the question of joinder or misjoinder can be resolved by the court in some cases by examining only the pleadings. It can also be resolved in certain cases where evidence is led. It is therefore, a question of law which can be raised at any time of the proceedings.  That is why no proceedings can be defeated by reason of misjoinder of any party.

See: ASARE AND ANOTHER v. KAJIMA-SHIMIZU JOINT VENTURES AND ANOTHER [1992] 2 GLR 284 

PIUS v. MENSAH and ANOR (1965) GLR 242

BOBIE v. 21 CENTURY CONSTRUCTION CO. LTD and ORS (2016) 100 GMJ 73 SC

In this case, if it becomes possible that, the 3 Defendant should be disjoined, it can be done at any time before judgment. Again, the law is that, even if a party sues or is sued in a wrong capacity but the action can be maintained in another capacity, the Court should not non suit the person but allow all amendments to be done for the purpose of se…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.