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CHAMPION BROAD CASTING LTD V. MULTI-CHOICE GHANA LTD – ACCRA, DSP SETH SERWORNU OF NATIONAL CID HEADQUARTERS ACCRA AND MATHIAS BAWA

(2016) JELR 69772 (HC)

High Court  •  SUIT NO. C12/262/2016  •  1 Dec 2016  •  Ghana

Coram
FRANCIS OBIRI

Appearances
MUJEEB RAHMAN AHMED WITH ANNIS MOHAYIDEEN FOR PLAINTIFF/RESPONDENT; PRECIOUS AIDOO FOR ANTHONY FORSON FOR 1ST AND 2ND DEFENDANT.

Judgement

RULING

OBIRI, J.

The 1st and 2nd defendants have brought this instant application to have the 2nd defendant disjoined from this suit. The motion is supported by affidavit. I wish to quote the relevant paragraphs in this ruling:

(3) The instant suit discloses no cause of action against the 2nd defendant as it seeks reliefs against the 2nd defendant for actions performed in the course of a criminal investigation by the Ghana Police Service into the activities of the plaintiff.

(4) The plaintiff by its own pleadings states that the operation complained of was conducted with policemen in uniform and rightfully addresses the 2nd defendant as a Deputy Superintendent of Police which is indeed the office/designation of the 2nd defendant

(5) The 2nd defendant is not a proper party to be sued in respect of official acts of the Ghana Police Service in which he participated in his official capacity.

(6) The reliefs sought against the 2nd defendant including the recovery of items seized by the police ca…

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