GH - GHANA INDUSTRIAL HOLDING CORPORATION v. VINCENTA PUBLICATIONS

JUDGMENT OF ARCHER J.A.

Archer J.A. delivered the judgment of the court. This is an appeal by the Ghana Industrial Holding Corporation against the judgment of the Circuit Court sitting at Accra, in which it was adjudged that the corporation was indebted to Vincenta Publications in the sum of N¢2,350.00 for advertising services. Vincenta Publications also filed a notice of intention to contend that that part of the judgment of the court below which disallowed claims for travelling expenses and damages should be varied.

Although the corporation filed grounds challenging the total sum adjudged to be due, Mr. Korsah, learned counsel for the corporation, chose not to deal with these grounds but concentrated on the legal submission that Vincenta Publications was the business name of one man and therefore the proprietor of the business could not come to court as a plaintiff under the business name. The legal basis for this submission was Order 48A, r. 11 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), which provides: "Any person carrying on business within the jurisdiction in a name or style other than his own name may be sued in such name or style as if it were a firm name; and, so far as the nature of the case will permit, all rules relating to proceedings against firms shall apply." Mr. Korsah contended that as rule 11 enables a person carrying on business within the jurisdiction in a name or style other than his own name to be sued as a defendant, Vincenta Publications could not come to court under that name or style as a plaintiff. In other words, that name would have sufficed and would have been permissible if Vincenta Publications had been sued as defendants. With this submission, Mr. Korsah took his seat.

In answer to this submission, Mr. Ofori, learned counsel for Vincenta Publications, took a plunge in order to rescue his client but it seemed that he was undertaking a hopeless task as his client was already drowned by the fast current in Mr. Korsah's submission. As a result, Mr. Ofori could only emit a series of lamentations. He contended that the objection should have been taken at the trial. He also submitted that the parties were bound by their pleadings and it was not proper to raise the provisions of Order [p.26] 48A, r. 11 in this court. At first Mr. Ofori was not sure whether Vincenta Publications was a one man firm, but after the court had drawn his attention to the contents of affidavits filed by his own client, he

JUDGMENT OF ARCHER J.A.

GHANA INDUSTRIAL HOLDING CORPORATION v. VINCENTA PUBLICATIONS

Areas of Law

JUDGMENT