[2024]DLCA18395 • July 24, 2024 • Court of Appeal
BAFFOUR GYAWU vs. HOUSTON PACKAGING LTD AND HOU ZEHONG (MICHAEL) ROLEX SHOE COMPANY LTD.
The Plaintiff/Appellant issued a writ against the Defendants/Respondents claiming recovery of GHC101,500.00 for defective goods, interest, special and general damages, and solicitor's fees. The Defendants denied the goods were defective and counterclaimed for GHC103,850.00 for goods supplied on credit, interest, damages for breach of contract, and costs. The 2nd Defendant, a director and majority shareholder of the 1st Defendant company, was sued personally. The trial court struck out the 2nd Defendant as a party, holding he was not a necessary party to the suit.
read moreJUDGMENT SUURBAAREH, J.A It is provided in Order 4 r 5(2) of the High Court (Civil Procedure) Rules, 2004, CI 47 as follows: - “5(2). At any stage of proceedings, the Court may on such terms as it thinks just either on its own motion or on application (a) . order any party who has been improperly or unnecessarily made a party or who for any reason is no longer a party or necessary party to cease to be a party. (b) . order a party who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the proceedings are effectively and completely determined and adjudicated upon to be added as a party”. Following the issue of a writ by the Plaintiff/Appellant against the Defendants/Respondent claiming the recovery of the sum of GHC101,500.00 used for the purchase of defective goods; interest on the said sum from June, 2018 till final payment; special damages of GHC40,000.00; general damages; and, cost of Solicitors fe...