CLICK GLOBAL LIMITED VS GLICO FINANCIAL SERVICES & ANOR
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE DOREEN G. BOAKYE- AGYEI (MRS.)
Areas of Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
Defendants sought to join Dr. Isaac Ampofo to a suit due to his personal guarantee of facility repayments now in default by the Plaintiff. The Plaintiff opposed, arguing the joinder was unnecessary and misconceived. The Court found that Dr. Ampofo's written consent was needed to join him as a Plaintiff, which was not obtained. Additionally, Dr. Ampofo should have been added to the defendants' counterclaim through an amendment. The application was dismissed with costs awarded to the Plaintiff.
Defendants/Applicants are seeking per their Counsel to Join Dr. IsaacAmpofo as a party to the suit under Order 4 rule 3 and all its sub-rules ofC.
I. 47. The prayer is for Dr. Ampofo to be added as a Party as 3rdDefendant if he refuses to consent to be joined as 2nd Plaintiff, reasonbeing that Dr. Ampofo as the Chief Executive Officer of PlaintiffCompany gave a Personal Guarantee for the facilities which have becomethe subject matter of the suit and granted to the Plaintiff.
Exhibit GFS, acopy of the said Guarantee was attached.
Counsel’s argument was that Dr. Ampofo is personally liable with the Plaintiff to the 1st Defendant for thefull repayment of the facilities as he has given a Guarantee that in defaultof Plaintiff to repay the facilities, he will be personally liable for thepayment of the facility.
That the facilities have now fallen due and thePlaintiff is in default thus it is time that the Guarantor be made personallyliable for the payment of same.
That he is a necessary party in this suitand he should be joined to ensure that all matter in dispute between theparties are completely, effectively and finally determined and multiplicityof suits concerning such matters avoided.
On the Affidavit in Opposition, the gravamen according toDefendants/Applicants Counsel is that his Friend says the Application ismisconceived since if Dr. Ampofo is sought to be joined as the 2ndPlaintiff, they were obliged to have sought his consent in writing whichthey failed to do, thus this the Application must fail.
Counsel argued thatthis assertion is contrary to the dictates of the rules of the Court as theyhave a Counterclaim which is a different suit which has been added to thesuit filed by the Plaintiff for convenience.
That since the Plaintiff has fileda Defense to the Counterclaim, it is a Defendant with regards to theCounterclaim.
They pray that Respondent be joined as a 3rd Defendant oras a 2nd Plaintiff who will then be the 2nd Defendant to their Counterclaim.
Order 4 rule 3 (1) of C. I. 47 was referred to and Counsel continued byreferring to their Exhibit, his argument being that some common questionsof law or fact would arise especially regarding their Counterclaim as perOrder 4 rule 3 (2) . He continued by saying that one needed consent if they were seeking tojoin the person as a Plaintiff but they were not seeking to join Respondentas a Plaintiff as such but as a Party also who will be a 2nd Defendant totheir Counterclaim.
If he did not agree with