E –WORLD SOLUTIONS LTD, COLONEL ELVIS KWESI MENDS, DESMOND DICKSON AND GABRIEL DAIS vs. MERBAN ASSET RECOVERY TRUST

ACQUAYE, J. A. This appeal is against the refusal of a High Court in Accra to grant an application to join one Fred Harding Amoo to the suit as a defendant. The matters preceeding the application were that the plaintiff/respondent issued a writ of summons against four defendants claiming the recovery of the sum of Gh¢171,313.63 together with interest being overdraft facility granted the 1st defendant and guaranteed by the 2nd, 3rd and 4th defendants. The plaintiff/respondent also claimed an order for the judicial sale of 2nd defendant/appellant’s mortgaged property as security for the facility. In his defence the 2nd defendant/appellant denied the claims of the plaintiff and averred that one Fred Harding Amoo, then an employee of the Credit Department of Merchant Bank, the plaintiff’s principal, set up the 1st defendant company as a conduit for collusion between the bank and himself to defraud the 2nd defendant. According to the 2nd defendant it was Fred Harding Amoo who ...