(2009) JELR 65296 (CA)    
Court of Appeal  ·  CIVIL APPEAL SUIT NO: HI/16/09 ·  23 Jul 2009 ·  Ghana
Core Terms Beta
circuit court
courts act
personal actions
grounds of appeal
representative capacity
statement of claim
writ of summons
court of appeal rules
numerous persons
rules of this court
said point of law
ci 19.we
civil matters
civil procedure rules
contract of employment
decision of the court
determination of the rights of parties
eighth edition
endorsement of the representative capacity
following definition
following description
following effect
food specialties limited v ramia
gbadegbe j.a.
hearing of the appeal
high court
instant writ
irismay brown j.a.
j. bollinger sa v goldwell
judicial decisions
large number
learned circuit judge
n. s. gbadegbe
order 33rule
personal property
preliminary points
provisions of the labour law
question of law
real property
representative plaintiff remains
respective statements of case
reversal of the decision of the trial court
said question
similar manner
such forms of actions
technical term

Gbadegbe J.A.

On December 14, 2004, the instant writ issued from the Circuit Court, Tema claiming certain reliefs that are plainly based on a contract of employment between the parties to the action. In the title to the writ, it was provided as follows regarding the plaintiff: “Richard Asare and 54 others.” In the indorsement to the writ of summons, the following description was provided of the plaintiff: “The plaintiff brings this action for himself and 54 others”. The indorsement as to the capacity in which the action was initiated by the plaintiff was repeated in paragraph 1 of the statement of claim to the following effect:

“Plaintiff brings this action for himself and 54 others (list attached herein) who were at all material times employed by the defendant Company Ferro Fabrik (Gh) Limited and worked loyally for various periods between 6months and ten years.”

The action proceeded to a trial with a hearing being conducted under Order 33rule 4 of the High Court (Civil Procedure Rules…

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