PATRICK TEKPETEY & THREE OTHERS vs. ATTORNEY GENERAL

ADUAMA OSEI Pending before the Human Rights Division of the High Court, Accra, is an action in which the Plaintiffs/Appellants, hereinafter called “the Plaintiffs”, are seeking reliefs against the Defendants for injuries allegedly suffered by them as a result of the alleged negligence of the Defendants, who include the 4th Defendant/Respondent, the Attorney-General. The writ of summons in the action was issued on the 18th of February, 2013, and upon being served therewith, the Attorney-General entered a conditional appearance and, about 9 days thereafter, filed an application under Order 4, rule 5(2) (a) of the Rules of the High Court, CI. 47, for her name to be struck out on ground of misjoinder. In the affidavit supporting the application, the Attorney-General contended that the 1st and 2nd Defendants, in whose interest she might possibly have been made a party to the action, were both bodies corporate, capable of suing and being sued. Her presence in the suit as a party was ...