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RULING
BY COURT: Having heard the submission of Counsel for Applicant on the present Application and having examined the affidavit evidence and the exhibit attached together with the Writ of Summons and Statement of Claim, the court is satisfied that the 1st Defendant being a sole proprietorship is not a legal personality in law to be sued and to sue separately from 3rd Defendant. See BARCLAYS BANK VS. LARTEY and OTHERS [1978] GLR 282-289; CITY INVESTMENT COMPANY LTD VS. MRS. JULIANA ADADE & ORS [2017] JELR 66131 (HC).
The record shows the Plaintiff/Respondent was served with the present application on 10th May, 2023 through Christabel Quaye, the Secretary of K-San Law Firm. The Plaintiff/Respondent has not filed any Affidavit in Opposition to the present application.
The court hereby grants the Application as prayed. Let the 1st Defendant be struck out as a party to the instant suit as per the Writ of Summons and Statement of Claim dated 15th November, 2022.
Case to take its normal course.
(sgd.)
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JUSTICE ADELAIDE ABUI KEDDEY
JUSTICE OF THE HIGH COURT
COMMERCIAL DIVISION