[2019]DLHC10328 • April 8, 2019 • High Court
RONALD OPPONG ADOM vs. TAWIAH BEN-AHMED AD METROPOLITAN HEALTH INSURANCE GHANA LTD.
The plaintiff filed a suit against the 1st defendant and the 2nd defendant company, alleging unlawful termination of his appointment. The 1st defendant, who acted as Managing Director of the 2nd defendant company, applied to be struck out as a party on the ground that he acted only in his official capacity and not personally. The plaintiff opposed, alleging that the 1st defendant acted beyond his powers and was not even an officer of the 2nd defendant company.
read moreRuling It is provided by order 4 rule 5 sub rule 2(a) of the High Court (Civil Procedure) Rules, 2004 as follows:- “At any stage of proceedings the Court may on such terms as it thinks just either of its own motion or on application 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 instant application is a request by the 1st defendant /applicant (hereinafter called the applicant) for his name to be struck out as a party to the substantive suit on ground that he is not a true and necessary party to the present suit because all acts purported to have been by him were done in his official capacity as the Managing Director of the 2nd defendant company and not in his personal capacity. The plaintiff/respondent (hereinafter called the respondent) has opposed this request, saying that the applicant “acted in excess of his powers when he acted as the Managing Director of ...