[2019]DLHC6808April 18, 2019High Court

BEDSTUY LIMITED vs. PHOENIX POWER MR. TAREK NASSER

Introduction: [1] The facts of this case are free from complexity. On May 3, 2018 this Court granted the Plaintiff/Applicant’s application for Amendment and in doing so joined Mr. Tarek Nasser as the 2nd Defendant. Shortly thereafter on July 3, 2018 Mr. Bobby Banson of Smith & Adelaide Law filed a “Motion on Notice to Strike out Name of 2nd Defendant”. The record shows that on Friday, 27 July 2018 Ms. Ama Asare Korang holding the brief of Bobby Banson moved the application for misjoinder of the 2nd Defendant. The record further shows that the Court informed Counsel that there are two main problems with the application. First, there was no proof of service of the joinder of the 2nd Defendant after the amendment ruling for him to be officially joined. Secondly, the Court informed Counsel that the reasons given for the misjoinder are the same reasons/arguments advanced against the grant of the application for amendment. The Court stated that the application was therefore not approp...