FADNET GROUP LIMITED vs. GHANA STANDARDS AUTHORITY, ALBERT QUAYSON, WILLIAM CONSTRUCTION AND RAHBERT CIVIL ENGINEERINGS

This is an application by the 1st defendant/applicant (hereafter referred to as the 1st defendant) praying for an order to strike out its name for misjoinder. In the affidavit in support of the application it averred that on the 15th of November, 2016 the plaintiff/respondent (hereafter referred to as the plaintiff) who was sued in a case titled HABIZ COMPANY VRS FADNET GROUP LIMITED GJ/1458/2016 sought to join it and a certain Albert Quayson to the said action. On 12th of December, 2016 the Court presided over by Her Ladyship Ayene J. dismissed the application for joinder with the reason that there was no privity of contract between it and the plaintiff. According to the 1st defendant 8 days after the ruling of Ayene J. the plaintiff instituted the present action against it based on the same facts. It was the contention of the 1st defendant that since the plaintiff has not taken any step to set aside the ruling of Ayene J. or appeal against same it has been improperly made a par...