AUGUSTINA DANKWAH & 19 ORS vs. EXPRESS LINK MICRO FINANCE LTD & 2 ORS

Before the court is an application filed on notice praying the Honourable Court to disjoin the 2nd Defendant as a party to the suit. The grounds of the application are contained in the affidavit in support filed on 14/12/2016. The Respondents are opposed to the application and have demonstrated the grounds in the affidavit in opposition filed on 22/12/2016. At the hearing, counsel for the applicant relied on the affidavit in support as well as the annexures and prayed the court to disjoin the 2nd Defendant. Counsel submitted that the 2nd Defendant as an officer of the 1st Defendant company cannot be sued for the acts of the latter. That the subject matter in issue bothers on contract between the plaintiffs and the 1st defendants and has nothing to do with the personality of the 2nd Defendant. He submitted that the statement of claim does not disclose any proper action against the 2nd Defendant. Counsel cited the case of Appenteng v Bank of West Africa &Ors (1981) GLR 205 and Harlsb...