[2018]DLHC3744April 24, 2018High Court

STEVE BRATHWAITE vs. ATWIMA MPONUA RURAL BANK AND SAMUEL DADZIE & 4 ORS

On 09/04/2018, the Applicants herein who described themselves as majority shareholders of the Defendant Bank field the instant application to be joined to the suit as Defendants. Under order 4 rule 5 (a) and (b) of the High Court (Civil Procedure) Rules 2004, C.I. 47. The gravamen of this application, as gathered from paragraphs 7 and 8 of the supporting affidavit is that the Applicants who are majority shareholders will be significantly affected by the outcome of this suit. In arguing the motion, counsel for the Applicants conceded that the Applicants’ shares put together does not make them majority shareholders. Counsel for the Plaintiff/Respondent vehemently opposed the application. He argued inter alia, that the application itself is premised on the wrong footing, since the Applicant admit, through their counsel there, they are not majority shareholders. Counsel also submitted that the Defendant Company is a legal entity which can sue and be sued, and if a work is done to a c.....