AFRICA TRADING FZC vs. H.R. MINERALS & MINE LIMITED

MOTION FOR INTERVENTION OR DISMISSAL OF SUIT Introduction: [1] This is an application by a Director of the Defendant Company praying this Court for an order to join the instant suit as an intervener and/or for an order to dismiss the Plaintiff’s action being the Writ of Summons and Statement of Claim on grounds that the suit has not been authorized by the Directors or the Shareholders. [2] It recalls that on the 27th day of September, 2016 the Plaintiff herein commenced this instant action by issuing a writ of summons against the Defendant Company herein endorsed with the reliefs set out here below: a. A recovery of the Cedi equivalent of the sum of USD2, 430.600.00 being the cost of equipment purchased. b. Interest calculated on the said sum computed at the commercial bank’s rate from December 2013 till date of final payment. c. An order directed at the Liquidator to pay the Plaintiff before any other debtors are paid. d. Damages for breach of contract. e...