CLICK GLOBAL LIMITED VS GLICO FINANCIAL SERVICES & ANOR

This High Court ruling, delivered by Her Ladyship Justice Doreen G. Boakye‑Agyei, concerns the defendants’ motion to join Dr. Isaac Frimpong Ampofo, Chief Executive Officer of the Plaintiff Company, to ongoing proceedings. The defendants sought to add him either as a 3rd defendant or, with consent, as a 2nd plaintiff, citing his personal guarantee (Exhibit GFS) for facilities extended to the plaintiff and alleged default. The plaintiff and Ampofo opposed, invoking the Civil Procedure rules on joinder and non‑joinder, and arguing that any claim for contribution should proceed by third‑party action. Interpreting Order 4 rule 3(2) with Order 4 rule 5(3), the court held that adding a person as plaintiff requires written consent, and only upon refusal may the court add that person as a defendant. As the defendants had not sought Ampofo’s consent and their counterclaim did not implicate him, the application was improperly laid. The court dismissed and struck out the motion, awarded costs to the plaintiff, and directed the case to proceed, indicating that the proper route is amendment of the counterclaim if necessary.