ACCAM OBED LAMPTEY VS BETWAY GHANA LTD.
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP FRANCIS OBIRI J.
Areas of Law
- Civil Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court addressed a motion filed on 22nd January 2024 by the Defendant/Applicant to dismiss a suit on grounds of it being a non-legal entity. The Plaintiff/Respondent opposed, asserting the Defendant's identity as Betway Ghana. Reviewing affidavits, exhibits, and taking judicial notice of public records on social media, the court dismissed the motion, ruling that the Defendant could not deny its name and any naming error is correctable by amendment.
On 22nd January 2024, the Defendant/Applicant (hereinafter called the Applicant) filed motion on notice in this case.
The motion is praying the court to dismiss the instant suit upon the grounds contained in the accompanying affidavit.
The motion is supported by affidavit and exhibits.
The relevant paragraphs are as follows: 4. That Plaintiff/Respondent (Respondent) commenced this action against Applicant on 28th November 2023 for the reliefs endorsed on the Writ of Summons.
5. That on 15th December 2023, the Applicant caused an appearance to be entered on its behalf.
6. That I am advised, and verily believe same to be true, that litigation in the common law system is adversarial.
By this, an action ought to be commenced by at least, a person, be it natural or artificial (legal person), against at least, another legal person.
7. That I am also advised, and verily believe the same to be true, that an action commenced not against a legal person is a nullity as it sins against the rules of this Honourable Court, settled practice, and case law.
8. That I am advised, and verily believe the same to be true, that where a process is a nullity, the said nullity can neither be waived by a Court of competent jurisdiction nor amended under the orders or rules of a court of competent jurisdiction.
As a consequence of the said nullity, a court is not even seized with jurisdiction to hear the matter.
9. That a recent search conducted at the Office of the Registrar of Companies(ORC) on the entity BETWAY GHANA LIMITED (Applicant) revealed no trace of the Applicant in the records of the ORC.
Attached and marked as exhibit ‘A’ series is a copy of the letter written to the ORC to conduct the search (‘A’) and the results of the search (‘A1’). 10. That I am advised, and verily believe the same to be true, that there are no available registration documents in the name of the Applicant.
11. That it is without doubt that the Applicant is not a legal person.
I am advised and verily believe the same to be true, that consequently, this Honourable Court’s jurisdiction has not been properly invoked in respect of the commencement of the instant suit.
12. That I am also advised, and verily believe the same to be true, that at present, the Respondent is the only party in this suit.
That the same is not permissible under the rules of this Honourable Court, settled practice, and case law.
13. That I am advised, and verily believe the same to be true, that even withou