NYONKOPA COCOA BUYING COMPANY LTD
V.
UNICOM COMMODITIES COMPANY LIMITED AND ABDUL-RAHMANI MAHAMA
Upgrade required to show details 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…
