THERESAH NUAMAH vs. FIRST ATLANTIC BANK LTD

This is an application to strike out the names and claims against the 1st and 2nd Defendants to the counterclaim who are the applicants herein. It is the contention of the applicants that the Defendant/Respondent herein ought to have sought leave of the court before joining the applicants herein to the suit as 1st and 2nd defendants to the counterclaim. Counsel submitted that no party on its own can join another party to a suit. Counsel acknowledges that a defendant to counterclaim is known to the rules of court per Order 12 rule 5 (1) of CI 47. He, however, submitted that the word “join” should be construed under Order 4 rule 5 (2) which makes it mandatory for a party to seek leave of the court before joining another party to a suit. He invited the court to strike out the names of the applicants from the suit. The Defendant/Respondent is opposed to the application. It was submitted by counsel for the respondent that the application is misconceived and same must be dismissed. Cou...