GHANA INDUSTRIAL HOLDING CORPORATION V. VINCENTA PUBLICATIONS

ARCHER J.A.

This is an appeal by the Ghana Industrial Holding Corporation against the judgment of the Circuit Court sitting at Accra, in which it was adjudged that the corporation was indebted to Vincenta Publications in the sum of N¢2,350.00 for advertising services. Vincenta Publications also filed a notice of intention to contend that that part of the judgment of the court below which disallowed claims for travelling expenses and damages should be varied.

Although the corporation filed grounds challenging the total sum adjudged to be due, Mr. Korsah, learned counsel for the corporation, chose not to deal with these grounds but concentrated on the legal submission that Vincenta Publications was the business name of one man and therefore the proprietor of the business could not come to court as a plaintiff under the business name. The legal basis for this submission was Order 48A, r. 11 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), which provides:

“Any person c…