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DANIEL GIBSON DANSO V. INTECELL INVESTMENT LTD. & 3 ORS

(2020) JELR 92035 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/32/2020  •  11 Nov 2020  •  Ghana

Coram
DOTSE, JSC (PRESIDING) , PWAMANG, JSC , TORKORNOO (MRS.), JSC HONYENUGA, JSC, PROF. MENSA-BONSU (MRS.), JSC

Appearances
PATRICK KOJO YAMOAH FOR THE DEFENDANTS/APPELLANTS/APPELLANTS. NANA KOFI BEKOE FOR THE PLAINTIFF/RESPONDENT/RESPONDENT.

Judgement

JUDGMENT

PROF. MENSA-BONSU (MRS.), JSC:-

INTRODUCTION

This case has travelled a painful and tortuous road, and comes to this Court on appeal from a decision of the Court of Appeal in a judgment delivered on 18th July 2019. The genesis of the appeal was that the High Court, had on 24th January, 2018, dismissed the application of the 2nd, 3rd and 4th Defendants (hereinafter referred to as ‘Defendants) for Misjoinder under Order 4 r 5 of the High Court (Civil Procedure) Rules 2004 as amended; and had also upheld the 1st February application for Summary Judgment of the applicant (hereinafter referred to as ‘Plaintiff’) under order 14 of the High Court (Civil Procedure) Rules 2004 as amended. This Ruling of the High Court granting the application of plaintiff for Summary Judgment was subsequently affirmed by the Court of Appeal on 18th July, 2019, giving rise to the instant appeal. The Respondent and Appellants herein are simply referred to as ‘Plaintiff’ and ‘Defendants’ respectively, to avo…

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