Try asking the following...
Try asking the following...
May 31, 2023
HIGH COURT
GHANA
CORAM
The instant Application seeks leave of this Court to join the following persons as Defendants to the instant suit:
JIWEI WU, JEFF TEPKOR, JACKY, JULIUS FIABGADU, AND SINOSTONE FARMING LIMITED.
On the 30th of March, 2022 the Plaintiff commenced the instant suit against the Defendant, Sinostone Bioethanol Limited.
The Plaintiff’s case however is that upon a reading of the pleadings and depositions of Defendant, it forms the view that the persons sought to be joined are necessary parties whose presence will assist in the effective and complete determination of all matters in dispute so as to avoid a multiplicity of suits.
The Plaintiff says that this is because the pleadings prima facie disclose that these persons collectively orchestrated the fraudulent acquisition of the Plaintiff’s harvester and the eventual copying of same by the Defendant.
The Application is vehemently opposed. Defendant says the Application is a ruse by Plaintiff to overreach the Defendant. Defendant further argues that the persons sought to be joined cannot be made parties without the Plaintiff first amending his pleadings. This, according to Defendant, is because there is no allegation of fraudulent misrepresentation against the Defendant based on which Plaintiff can apply to join the said persons.
Defendant further contends that the Plaintiff makes no averment that will warrant lifting the veil of incorporation to make the persons sought to be joined liable for the alleged debt owed by the Defendant. They are therefore unnecessary parties to the suit and their joinder will only serve to enlarge the scope of the Plaintiff’s cause of action.
In sum, Defendant’s case is that the grant of the present Application will amount to blessing the Plaintiff’s flagrant abuse of Court processes.
It is trite learning that the question of whether or not to join a Party to a suit lies within the discretion of the Court. However, a Court in making an Order for joinder should be guided by precedent and well settled principles.
Order 4 (5) of the High Court Civil Procedure Rules, 2004, (CI 47), is the rule that governs the instant Application. The relevant provision states that:
“(2) At any stage of proceedings, the Court may on such terms as it thinks just either of its own motion or on application
(b) order any person who ought to be joined as a party or whose presence before the court is necessary to ensure that all matters in dispute are effectively and completely determined and adjudicat
AI Generated Summary
In the Ghana High Court, presided by Her Ladyship Justice Akua Sarpomaa Amoah (Mrs.), the court determined an interlocutory application in a civil suit against Sinostone Bioethanol Limited seeking joinder of Jiwei Wu, Jeff Tepkor, Jacky, Julius Fiabgadu, and Sinostone Farming Limited. The applicant asserted these individuals and the company collectively orchestrated the fraudulent acquisition of its harvester and enabled copying, making them necessary parties to avoid multiplicity of suits. Sinostone Bioethanol Limited vigorously opposed, arguing the motion was a ruse, that pleadings first had to be amended, and that separate corporate personality insulated proposed individuals and Sinostone Farming Limited. Applying Order 4 rule 5(2)(b) and Order 1 rule 1(2) of CI 47, and guided by Apenteng v Bank of West Africa, Coleman v Shang, Ussher v Darko, Morkor v Kuma, Ekwam and Pianim (No.1), and Amuzu v Oklikah, the court granted joinder for Jiwei Wu, Jeff Tepkor, Jacky, and Sinostone Farming Limited, refused Julius Fiabgadu, and awarded GH¢ 2,000 costs to the defendant.