NICHOLAS IVOR & ORS V. FORTUNE ALIMI & 2 ORS

RULING

I have listened to the submissions for and against the 3 Defendant being disjoined.  It is a fact that the question of joinder or misjoinder can be resolved by the court in some cases by examining only the pleadings. It can also be resolved in certain cases where evidence is led. It is therefore, a question of law which can be raised at any time of the proceedings.  That is why no proceedings can be defeated by reason of misjoinder of any party.

See: ASARE AND ANOTHER v. KAJIMA-SHIMIZU JOINT VENTURES AND ANOTHER [1992] 2 GLR 284 

PIUS v. MENSAH and ANOR (1965) GLR 242

BOBIE v. 21 CENTURY CONSTRUCTION CO. LTD and ORS (2016) 100 GMJ 73 SC

In this case, if it becomes possible that, the 3 Defendant should be disjoined, it can be done at any time before judgment. Again, the law is that, even if a party sues or is sued in a wrong capacity but the action can be maintained in another capacity, the Court should not non suit the person but allow all amendments to be done for the purpose of se…