[]DLCA8593Court of Appeal

MR. HOUSSAM KOLLEILAT ELDERBI vs. MR. EDWARD SAM SADEEN UNIQUESCO LIMITED

HONYENUGA, JA On the 21st day of June 2018, the High Court, Industrial and Labour Division Two, Accra dismissed the Plaintiff’s application for substitution. Dissatisfied with the decision of the High Court, the Plaintiff filed an appeal to this Court based on the following grounds:- “(a) The trial Judge failed to exercise her discretion in accordance with correct principles of law governing the grant of an order of substitution. (b) The ruling is against the weight of the evidence. (c) Further grounds to be filed upon receipt of the record”. No additional grounds of appeal were filed and therefore they are considered abandoned. Before dealing with the written submissions as filed in support of this appeal, we will give a brief background leading to this case. The Plaintiff/Appellant (hereinafter called the Plaintiff), issued out a writ against the Defendants/Respondents (hereinafter called the Defendants), jointly and severally claiming as follows:- “(1) Recover...