JE ENERGY LIMITED & anor vs TEMA TANK FARM

The Court has heard arguments from both parties for and against an application to misjoin the 1st Plaintiff in this matter. The test that is usually applied by the Court in joinder applications as stated in the case of the English of Gurtine v Circuit & Anor. [1968] 2 QB is whether in the determination of the dispute, a third party could be affected in his legal right or his pocket. When you apply this to the 1st Plaintiff; whether the 1st Plaintiff is a necessary party because its legal right or its pocket has been affected for which it is claiming reliefs; from all the evidence before this Court, the 1st Plaintiff has categorically stated that it has already assigned its legal right to the 2nd Plaintiff. Indeed, Counsel for the 1st Plaintiff has made arguments from the Contract Act but this Court is of the view that the interpretation placed on the Contract Act is a bit misapplied. Once the legal right of the parties has been extinguished per their own exhibit ‘1A’, the 1st Plaintiff is not a necessary party to this suit. At best, the 1st Plaintiff can be called as a witness by the 2nd Plaintiff if need be to help in the determination of the matter. In order to avoid any embarrassment of the Defendant or unnecessary delay, the Court will exercise its discretion to strike out the 1st Plaintiff. The application is upheld.

(SGD.)

H/L JANE HARRIET AKWELEY QUAYE (MRS.)

(JUSTICE OF THE HIGH COURT) R.A.