UBI ENERGY GHANA LIMITED vs. QUANTUM TERMINALS GROUP AND 6 OTHERS

MOTION ON NOTICE FOR AN ORDER TO STRIKE OUT THE 6TH DEFENDANT AS A PARTY TO THE SUIT BY REASON OF MISJOINDER I have taken into consideration the submissions made by learned counsel, the pleadings and relevant laws. Order 4 rule 5 (2) of C.I. 47 gives the Court the discretion in any given case to order any person who has been improperly joined to the action to cease to be a party or join a party whose presence before it is necessary in order to enable it to dispose of effectually and completely, all matters in controversy in the cause or matter: See the case of ABROKWAH VRS AKUNOR [2013] 63 G.M.J 77. The object of Order 4 of C.I. 47 is thus to enable the court effectually and completely adjudicate upon and settle all questions involved so as to render unnecessary a multiplicity of proceedings. The question, which must be determined, is whether the presence of the 6th Defendant/Applicant (hereafter referred to as the 6th Defendant) is necessary in order that the Court may effect...