[1977]DLCA1367 • July 6, 1977 • Court of Appeal
MUSSEY vs. DARKO
The appellant, Mussey, entered into a contract with Okofoh Enterprises, a sole proprietorship managed by Rexford Ayeh Darko, for timber supply. Okofoh Enterprises advanced money to Mussey who failed to fulfill the contract, resulting in a debt of ¢4,962.86. The suit was initially filed in the name of Okofoh Enterprises, but after judgment, an application was made to substitute the plaintiff's name to R.A. Darko trading as Okofoh Enterprises due to a bona fide mistake in the writ. The appellant did not challenge the merits but contested the plaintiff's legal capacity and the High Court's jurisdiction to allow the amendment.
read moreJUDGMENT OF SOWAH J. A. This is an appeal from the High Court, Accra, in the suit entitled, R. A. Darko, Trading as Okofoh Enterprises v. A. A. Mussey, whereby the court gave judgment against the said Mussey in the sum of ¢4,962.86. It appears that the original plaintiff in the case was Okofoh Enterprises and that it was after judgment had been entered that an application for substitution of the plaintiff was made. Okofoh Enterprises is a firm registered under the Registration of Business Names Act, 1962 (Act 151), and the sole proprietor was one Rexford Ayeh Darko. In this appeal the appellant has made no endeavour to attack the merits of the case but rested his argument on two points of law, namely, that there was no plaintiff in law at the date of the issue of the writ for which the respondent could be substituted. Secondly the learned High Court judge had no jurisdiction to grant the amendment for substitution. For the first proposition learned counsel a....