MARK DALGETY VS BILAL JACK-AMEEN
July 20, 2023
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JANE HARRIET AKWELEY QUAYE (MRS.)
Areas of Law
- Civil Procedure
July 20, 2023
HIGH COURT
GHANA
CORAM
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By Court: Order 4 Rule 5 prescribes the conditions for which parties may be joined to the suit. The party must be a necessary party. In the case of Gurtner v. Circuit & anor. [1968] 2QB at 587 at 595, what will aid the Court to determine whether a party is necessary is to decide whether in the determination of the suit, the said party will directly be affected in their legal right or their pocket. From all the evidence, this 3rd party is not a necessary party to the suit as the pleadings stand. The application is dismissed in limine
Counsel for Plaintiff/Respondent: My Lady, we will waive costs.
By Court: No order as to costs. Parties should ensure that the Court’s order with respect to the appointment of the Auditor is complied with by October. The case is adjourned to 26th October, 2023 9:00 a.m.
H/L JANE HARRIET AKWELEY QUAYE (MRS.)
R.A. (JUSTICE OF THE HIGH COURT)
AI Generated Summary
Her Ladyship Jane Harriet Akweley Quaye, Justice of the High Court, determined an interlocutory application seeking to join a third party to ongoing proceedings. Invoking Order 4 Rule 5, the Court emphasized that only a "necessary party" may be joined. Relying on Gurtner v. Circuit & anor. [1968] 2QB, the Court explained that necessity is gauged by whether the suit’s determination will directly affect the proposed party’s legal rights or financial interests (“their pocket”). After considering the pleadings and the evidence, the Court found the proposed third party would not be directly impacted and therefore was not necessary, dismissing the joinder application in limine. Counsel for the Plaintiff/Respondent waived costs, and the Court accordingly made no order as to costs. The Court directed compliance by October with its prior order appointing an Auditor and adjourned the matter to 26 October 2023 at 9:00 a.m.