Try asking the following...
Try asking the following...
July 21, 2023
HIGH COURT
GHANA
CORAM
RULING ON MOTION TO DISJOIN 2ND AND 3RD DEFENDANTS
The court has considered the submissions of both counsel on the application to disjoin the 2nd and 3rd defendants from the substantive action and it has also adverted its mind to the pleadings of the plaintiff in their amended writ of summons and statement of claim especially paragraphs 4, 5 and6 of the amended statement of claim.
The plaintiffs are clear in their pleadings that they were employed by the 1st defendant which is a limited liability company with a distinct legal personality.
2nd and 3rd defendants are not the employers of the plaintiffs but are rather the officers of 1st defendant.
The court agrees with the submission that the 1st defendant is the right party to be sued in the substantive matter and therefore orders that the 2nd and 3rd defendants are to be disjoined from the substantive matter for same to proceed against the 1st defendant.
The application is granted and there is no award of cost.
(SGD. )JUSTICE ANANDA J. AIKINS (MRS) JUSTICE OF THE HIGH COURT.
AI Generated Summary
In a concise interlocutory ruling of the High Court, Her Ladyship Justice Ananda J. Aikins considered an application to disjoin the 2nd and 3rd defendants from a pending substantive action. After reviewing submissions of both counsel and the plaintiffs amended writ of summons and statement of claim, the court determined that the plaintiffs were employed by the 1st defendant, a limited liability company with a distinct legal personality. The 2nd and 3rd defendants were merely officers of that company and not the plaintiffs employers. The court agreed that the 1st defendant was the proper party to be sued and ordered that the 2nd and 3rd defendants be disjoined so the case proceeds solely against the 1st defendant. The application was granted without an award of costs, streamlining the litigation and clarifying the proper defendants in employment-related corporate disputes.