MAWULI MUSTAPHA BRAIMAH vs. OLAM GHANA LIMITED & ANOR.

This application is a request by the 1st defendant for an order of the Court to strike out the name of the 2nd defendant on the ground that the said 2nd defendant has been wrongly joined to the suit. In its affidavit attached to the motion paper the applicant insists that though the plaintiff/respondent was seconded to the 2nd defendant company, he at all material times remained the employee of the 1st defendant and that the termination of the Plaintiff’s appointment was at the instance of the 1st defendant and therefore the presence of the 2nd defendant in this suit is not really necessary for the determination of the matters in controversy between the parties. It was also the case of the applicants that the pleadings of the plaintiff do not disclose any cause of action against the 2nd defendant as the matters in dispute are between an employee and an employer, in this case the plaintiff and the 1st defendant. The plaintiff/respondent is opposed to the application on the ground tha.....