[1966]DLHC1739 • January 25, 1966 • High Court
OWUSU v. R. N. THORNE LTD. AND ANOTHER
The plaintiff sued R. N. Thorne Ltd. and J.K. Anane. The plaintiff obtained an ex parte absconding warrant against Mr. R. N. Thorne, a director of the first defendant company, alleging he was about to leave the jurisdiction. The court was tasked with determining if there was probable cause to believe the defendant was about to leave the jurisdiction.
read moreJUDGMENT OF BOISON J. The plaintiff sued the defendants, R. N. Thorne Ltd. and J.K. Anane. The plaintiff, by an ex parte motion, obtained an absconding warrant against Mr. R. N. Thorne, one of the directors of the first defendant company. The present proceedings are to determine if there is probable cause for believing that the defendant is about to leave the jurisdiction: see the Supreme [High] Court (Civil Procedure) Rules, 1954,1 Order 35, r. 2. It was argued on behalf of the first defendant that the plaintiff sued R. N. Thorne Ltd. as the first defendant as distinct from R. N. Thorne personally. Counsel submitted that as the first defendant is a limited liability company with a separate personality from the directors, and as Mr. Thorne has not personally contributed to or personally caused the injury, he cannot be held personally liable for the torts of the limited liability company, and that Order 35 on the whole cannot be evoked against a limited liability company. Counsel furth...