[2019]DLHC10290 • February 15, 2019 • High Court
KOFI ADJEI-DADZIE AND ERIC ANSU vs. TELEFONIKA GHANA LIMITED, HAISSAM EL DOWI AND ABIGAIL MENSAH BOADI
The plaintiffs initiated a suit against Telefonika Ghana Limited and two individuals, Haissam El Dowi and Abigail Mensah Boadi, alleging a claim involving payment of GH₵4,000.00. The 2nd and 3rd defendants, employees of the first defendant, were named parties in the suit. The defendants contended that the employees were improperly joined as parties since their actions were on behalf of the corporate entity, the first defendant.
read moreThe High Court (Civil Procedure) Rules, 2004, provides per Order 4 rule 5 (2) (a) as follows:- 5 (2) “At any stage of proceedings the Court may on such terms as it thinks just either of its own motion or on application (a) order any person who has been improperly or unnecessarily made a party or who for any reason is no longer a party or a necessary party to cease to be a party”. The 2nd and 3rd defendants/applicants have requested this Court to strike out their names from the present suit because they are mere employees of the first defendant and that whatever actions they carried out against the plaintiffs herein were actions done on behalf of the 1st defendant, their employer which is a corporate entity with a legal existence of its own, capable of suing and being sued. The plaintiffs/respondents have opposed this application on the ground that it is misconceived and should be dismissed. The Court has considered the affidavits of both parties and the submissions of bot...