KWAME AMANKWAH-TWUM vs. PASSION AIR DAC INTERNATIONAL AIRLINES LIMITED

This is a ruling on an application to set aside a judgment rendered in default of appearance obtained by the plaintiff on the 16th day of July, 2019 pursuant to order 10 rule 8 of CI 47. Counsel for the Defendant/Applicant prior to moving the application applied to withdraw a supplementary affidavit filed on the 22nd of October, 2019. This was duly struck out as withdrawn. Firstly, the defendant has capacity to defend the present action. Secondly, the writ of summons was not served on the defendant. It is our contention that the defendant is not clothed with legal personality, it cannot sue and be sued. The defendant is a business name registered under the Business Names Act, 1962 (151). We have attached to our exhibit the certificate of registration of the business marked same as exhibit PA2. This shows clearly that the defendant was registered as a business name. Indeed the defendant as a business name is owned by the applicant which is accompanied. It is trite learning tha...