[2023]DLCA11822 • January 19, 2023 • Court of Appeal
ISAAC OWUSU AMPOFO vs. OBAK AUTOMOBILES LTD ,GLICO GROUP LIMITED
DRAFT JUDGMENT BRIGHT MENSAH JA: The most prominent issue that has given rise to the instant appeal is whether Glico Group Ltd, the party that the plaintiff/appellant herein sought to join in the matter was/is a necessary party and by extension, whether the learned trial judge in the court below exercised her judicial discretion properly when she refused to grant the application for the order of joinder. As we proceed to examine the facts of the case and to make a determination as to whether the appeal has any merit at all, the plaintiff/appellant herein shall simply be referred to as the appellant, and the defendant/respondent and the respondent/respondent, as the respondents. Background facts: The appellant issued a writ of summons in the registry of the Commercial Division of the High Court, Accra on 10/04/2019 against the respondent, Obak Automobiles Ltd endorsed with the following reliefs: a) a declaration that the seizure or forfeiture of the buses by the defendant without...