ARLA FOODS LIMITED v. EMMANUEL MENSAH

RULING

MOTION ON NOTICE TO STRIKE OUT WRIT OF SUMMONS AND

STATEMENT OF CLAIM

BACKGROUND

The Plaintiff on the 12th of January 2022 issued a Writ of Summons with a

Statement of Case against the Defendant seeking for the following reliefs;

1. An Order for the Defendant to pay the sum of One Hundred and SixtyNine Thousand Three Hundred and Seventy-Eight Ghana Cedis and

Thirty-Three Pesewas (Ghc169,378.33) to the Plaintiff being the

outstanding debt owed by the Defendant to the Plaintiff.

2. Interest on the sum of One Hundred and Sixty-Nine Thousand Three

Hundred and Seventy-Eight Ghana Cedis and Thirty-Three Pesewas

(Ghc169, 378.33) at the Bank of Ghana prevailing interest rate for lending

from January 2021 to the date of final payment.

3. Costs including lawyer’s fees occasioned by this suit.

4. Other just and equitable reliefs.

On the 18th of January 2023, the Defendant/Applicant filed a Motion on Notice to

Strike out the Plaintiff’s Writ of Summons and Accompanying Statement of

Claim.

DETERMINATION

The basis of the Defendant/Applicant’s instant Application is that on the Writ of

Summons, the Plaintiff alleged that the Defendant/Applicant was trading under

the name and style of Erniejay Investment which by necessary implication meant

that the Defendant was the owner and/or director of the aforementioned Erniejay

Investment. He stated further that he was only an employee of the Plaintiff’s

company and never had any contractual relations with the Plaintiff’s company,

but the Plaintiff at all material times had contractual relations with Erniejay

Investment and did business with them. The Defendant/Applicant exhibited a

search result from the Registrar General’s Department which showed that the

Plaintiff Company operated as a Sole Proprietorship with the name of the owner

being Ernest Odame. The Plaintiff was duly served with the Defendant’s Motion

Paper as evidenced by the Affidavit of Service dated 25th January 2023 but failed

to file an Affidavit in Opposition and was also absent on the day the Application

was heard.

Issues and Analysis

The issues for determination are whether the Defendant/Applicant is the proper

person to be sued and whether the suit should be struck out. In the instant case,

the Plaintiff sued the Defendant/Applicant and described him as the Sole

Proprietor of Erniejay Investment. The Defendant/Applicant has however denied having any contractual relations with the Plaintiff as he is neither the own