ISAAC OWUSU AMPOFO v. OBAK AUTOMOBILES LTD & ANOR

BRIGHT MENSAH JA:

The most prominent issue that has given rise to the instant appeal is whether Glico Group Ltd, the party that the plaintiff/appellant herein sought to join in the matter was/is a necessary party and by extension, whether the learned trial judge in the court below exercised her judicial discretion properly when she refused to grant the application for the order of joinder.

As we proceed to examine the facts of the case and to make a determination as to whether the appeal has any merit at all, the plaintiff/appellant herein shall simply be referred to as the appellant, and the defendant/respondent and the respondent/respondent, as the respondents.

Background facts: The appellant issued a writ of summons in the registry of the Commercial Division of the High Court, Accra on 10/04/2019 against the respondent, Obak Automobiles Ltd endorsed with the following reliefs:

a) a declaration that the seizure or forfeiture of the buses by the defendant without complying with the tenets of the purchase agreement entered into between the parties as well as laid down statute/law renders the seizure/repossession unlawful and wrongful.

b) a declaration that the contract agreement under reference did not comply with the tenets of the Hire Purchase Act of Ghana thereby rendering the contract unenforceable under the Hire Purchase Act, Ghana.

c) a declaration that the purchase agreement between the parties was a contract for the sale of goods and thus governed by the Sales of Goods Act of Ghana.

d) recovery of cash the sum of Seven Hundred and Ninety four Thou-sand Ghana Cedis (Ghc794, 000. 00) being monies the plaintiff paid to the defendant under the agreement and interest thereon from the date of the wrongful/unlawful seizure/forfeiture till date of final payment.

e) recovery of cash the sum of Five Hundred and Fifty One Thousand Ghana Cedis (Ghc551, 000. 00) being monies expended in com-prehensively insuring the vehicles, replacing the depleted tyres and 3ꢀ maintenance/servicing expenses from the defendant for unlawfully terminating the contract.

f) general damages for breach of contract.

g) Solicitor’s cost. See: pp 1 – 6 of the record of appeal [roa]It is on record that the respondent, Obak Automobiles Ltd per p. 7 [roa], entered appearance to the writ on 18/04/2019 and did on 11/06/2019 file a statement of defence and counterclaim as appearing on pp 28-31. The appellant subsequently amended his writ of summons and the statement of claim.

Per th