[2019]DLHC6809 • February 4, 2019 • High Court
INDEPTH NETWORK vs. DANIEL KOFI BAKU & NINE OTHERS
The Plaintiff, Indepth Network, initiated a suit against Daniel Kofi Baku and nine others. The 1st to 7th Defendants filed a Statement of Defence and Counterclaim, implicating the 5th Defendant to the Counterclaim, Nana Agyei Baffour Awuah, a solicitor who issued the writ for the Plaintiff. The 5th Defendant sought to be struck out as a party, arguing he was improperly joined, as he acted in his professional capacity for a law firm representing the Plaintiff and was not personally liable.
read morei. Introduction: [1] The facts of this case are free from complexity. The Plaintiff Indepth Network issued out a Writ of Summons sealed at the registry of this Court against the Defendants herein for certain judicial reliefs. Mr. Justin Amenuvor entered appearance for the 1st to 7th Defendants and filed a Statement of Defence and Counterclaim against certain Defendants including the 5th Defendant, Mr. Nana Agyei Baffour Awuah who is the Solicitor who issued the writ of summons for the Plaintiffs. [2] The 5th Defendant/Applicant to the Counterclaim has brought the instant application for an order to strike him out as a party to the action on the grounds that he is not a necessary party pursuant to the inherent jurisdiction of the Court and/or Order 4(5) of the High Court Civil Procedure Rules, 2004 (C.I. 47). The Applicant prays the Court to strike him out as a party to the suit on the grounds that the suit (i) discloses no reasonable cause of action against him (ii) it is vexatio...