FBN BANK GHANA LIMITED vs. ROE COMPANY LIMITED AND RHODA OBIRI YEBOAH DAISY OBIRI YEBOAH

i. Introduction: [1] By a Motion on Notice filed at the registry of this Court on April 4, 2019, the Applicant, Daisy Obiri Yeboah is praying this Court for an order under Order 4 Rule 3 of the High Court (Civil Procedure) Rules, 2004 (CI 47) for her to be joined as a Defendant in this suit. The grounds for the application are catalogued in an initial 17 paragraph affidavit deposed to by Counsel for the Applicant, Mr. Adawudu supporting the motion paper and a further Supplementary Affidavit of one Jerry Asem, a Law Clerk at the Applicant’s Counsel’s office. [2] It is enacted in Order 4 Rule 3 of CI 47 titled Joinder of Parties as follows: “3. (1) Subject to rule 4 of this Order, two or more persons may be joined together in the same action as plaintiffs or as defendants without leave of Court, where (a) if separate actions were brought by or against each of them, some common question of law or fact would arise in all the actions: and (b) all rights to relief claimed i...