Ratio DecidendiRatio Decidendi



NYONKOPA COCOA BUYING COMPANY LTD
V.
UNICOM COMMODITIES COMPANY LIMITED AND ABDUL-RAHMANI MAHAMA

(2017) JELR 69610 (HC)    
High Court  ·  SUIT NO. OCC 52/2017 ·  17 Jul 2017 ·  Ghana
CORAM
DR. RICHMOND OSEI-HWERE HIGH COURT JUDGE

Ratio Decidendi

Core Terms Beta
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ci
defendant
party
plaintiff
court
order
rule
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jurisdiction
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action
civil procedure
high court
name
non-compliance
rules of court
abdul-rahmani mahama
proper party
application of this nature
bank ltd
claims
combined effect of the above provisions
costs of the proceedings
court’s records
emphasis
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form of a counterclaim
fundamental rule
irregularities
issue
issue of nonservice of a process
light of the above reasons
meaning of order
mere irregularity
original subject-matter of the action
preliminary legal point
present application
process
record of the court
respect of the subject-matter of the counterclaim
root cause of this application
service of court processes
such application
such non-compliance
supreme court
time of service

RULING

OSEI-HWERE, J.

It is provided under Order 12 rule 5 (1) of the High Court (Civil Procedure) Rules, 2004 (CI 47) as follows:

“Where a defendant who makes a counterclaim against the plaintiff alleges that any other person, whether a party to the action or not, is liable to the defendant together with the plaintiff in respect of the subject-matter of the counterclaim; or claims against such other person any relief relating to or connected with the original subject-matter of the action, the defendant may join that other person as a party against whom the counterclaim is made.”

The root cause of this application is an ancillary claim, in the form of a counterclaim which has been filed by the defendant, Unicom Commodities Company Limited. The counterclaim was not only against the plaintiff but also against Abdul-Rahmani Mahama who was not previously a party to the suit. The latter is referred under the title as “2nd Defendant to the Counterclaim”.

The court’s records show that the 2nd Def…

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