CECILIA OFORI ASANTE vs AIR LIQUIDE GHANA LTD

The present Application filed by the Defendant seeks an order of this Court setting aside the Plaintiff’s Writ pursuant to Order 9 rule 8 of the High Court Civil Procedure Rules, 2004 (CI 47).

On the 31st of March, 2023, the Plaintiff/ Respondent (Plaintiff) commenced the present suit against the Defendant/Applicant (Defendant) for the following reliefs;

a) An order compelling the Defendant to refund to the Plaintiff the sum of Ninety-Two Thousand United States Dollars (USD$ 92, 000.00) paid by the Plaintiff to the Defendant for the purchase of a portion of the parcel of land leased to Defendant situate at the Heavy Industrial Area, Tema.

b) Interest on the sum of Ninety-Two Thousand United States Dollars (USD$ 92,000.00) with effect from the 1st of March, 2023 till date of final payment.

A reading of the Defendant’s affidavit in support discloses the main thrust of its case which is that the Plaintiff has no locus standi to institute the present suit.

Defendant says that it has never dealt with the Plaintiff or entered into any transaction or agreement with Plaintiff as pleaded in the statement of claim.

According to Defendant, at no point in its dealings with the said Philip Ofori-Asante (referred to in Plaintiff’s pleadings) or any other person, was the Defendant made aware that it was the Plaintiff who was being represented.

In support of its assertion that the Plaintiff is unknown, Defendant attached as Exhibit UKE 1, copies of correspondence between the Defendant and the Solicitors of Philip Ofori Asante in respect of the transaction, the subject matter of this suit.

Plaintiff vehemently opposes the motion. Her case is that she is the owner and sole proprietor of Ciphil Enterprise, the entity that entered into the agreement with the Defendant. A copy of the agreement entered into with the Defendant is attached as Exhibit A.

She contends that the name Ciphil Enterprise is her business name which makes it obvious the said Philip Ofori Asante was representing her at all times

material to the present suit.

Exhibits B and B1 are attached as evidence of the registration of her business and her status as Sole Proprietor of Ciphil enterprise. She maintains that this is what clothes her with capacity to institute the present suit.

The Black’s Law Dictionary [8th Edition] defines locus standi as;

“The right to bring an action or to be heard in a given forum”

Locus standi therefore denotes a Plaintiff’s capacity to sue in a Court of law to enfor