DRT GHANA LIMITED (PLAINTIFF) vs. RALPH CASELY HAYFORD (DEFENDANT)

This is a motion on notice for Dismissal of suit on grounds that the action discloses no reasonable cause of action and as being abusive of the process of the Court. The Applicant's Counsel in the main argued that the agreement which was made orally came into existence with the person of Mr Abbey at a time when the Plaintiff Company was not in existence. Hence Counsel submitted that the contract being between the 2 individuals the defendant cannot therefore be sued by the Plaintiff Company which was then non-existent. The Plaintiff/Respondent opposed the application on grounds that although the agreement was originally made orally between the 2 individuals before the formation of the Company, parts of the contract ie at least 2 out of 3 of the contracts were entered into after the incorporation of the Plaintiff Company & the issue of its Certificate to commence business. After considering submission on both sides and examining the exhibits of both parties it is clear that parts o...