MILLICOM (GH.) LTD. V. PAUL OSEI MENSAH AND NATIONAL LABOUR COMMISSION

RULING

This ruling is in respect of Motion on Notice filed by Defendants/Applicants on 27^th May, 2009 to set aside the Writ and its service on the 1^st Defendant.

The main ground for the application as shown in the accompanying Affidavit is that 1^st Defendant/Applicant who is a Commissioner of the 2^nd Defendant/Applicant did not act in his personal capacity but executed his duty as provided by the Labour Act, 2003 (Act 651), so he is not personally liable for decisions taken by virtue of his position. It is, therefore, improper to sue him as 1^st Defendant.

In its Affidavit in Opposition filed on 1^st June, 2009 the Plaintiff/Applicant avers that a similar application was filed by the 1^st Defendant on 19^th February, 2009 which is yet to be moved so the instant application filed by 1^st Defendant/Applicant is an abuse of the Court process. It goes on to aver that 2^nd Defendant has no authority under the Labour Act, 2003 (Act 651) or any other law to enter Conditional Appearance on behalf of t…