[2023]DLCA16173July 20, 2023Court of Appeal

NWABU-IKE INDUSTRIES LTD vs ATTORNEY GENERAL & MINISTRY OF JUSTICE, MINISTRY OF TRADE & INDUSTRY,GHANA REVENUE AUTHORITY,GHANA IMMIGRATION SERVICE,GHANA POLICE SERVICE AND GHANA UNION TRADERS ASSOCIATION.

JUDGMENT AMALEBOBA (MRS), J.A. This is an Appeal by the Plaintiff/Appellant (hereinafter referred to the Plaintiff), from the Ruling of the High Court, Kumasi dated 13th December, 2021. The said Ruling granted the Application filed on behalf of the 1st , 2nd , 4th and 5th Defendants/Respondents (hereinafter referred to as Defendants), to non – suit the said Defendants on the grounds that they had no legal capacity to sue or be sued. In granting the said Application, the High Court non – suited the 2nd, 3rd , 4th and 5th Defendants and accordingly struck out their names as parties to the suit. The propriety of non -suiting the 3rd Defendant who was not a party to the Application, while making no orders regarding the 1st Defendant, will be determined in this Judgment. By this Appeal, the Plaintiff prays that the entire Ruling of the High Court, be set aside. The brief facts of this case are that the Plaintiff, which asserts that it is an entity registered under the laws of th...