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RAPHAEL CUBAGE v. GHANA POLICE SERVICE PER I.G.P. & 16 Ors.

(2019) JELR 107370 (HC)

High Court  •  HR/0001/2018  •  4 Feb 2019  •  Ghana

Coram
NICHOLAS M. C. ABODAKPI

Judgement

BY COURT

1. The order directed at 14th Defendant/Applicant to file a supplementary affidavit is vacated herewith.

2. Whereupon Counsel for the 14th Defendant/Applicant moved the Court, on his motion on notice filed on 18/01/2018, under ORDER 9 RULE 8 of C.I. 47/04.

As reasons for the order to be made, he stated:

1. This action has been commenced against a non-existent legal entity that is MTN per its Managing Director. He cited KOWOS MOTORS, v. CHECK POINT GHANA LTD [2009] SCGLR 230.

2. A company under Act 179 can be sued and can also sue. Scancom PLC is the Company as in Exhibit ‘1’ annexed.

3. That an amendment cannot be permitted because that will amount to putting something on nothing. He cited AQUATIC BIOLOGY INSTITUTE. v. ABOKUMA [1978] GLR.

REPLY: Plaintiff submits that MTN is a known entity. And the writ has been duly served on it and there is proof of service on that. And when judgment is given MTN can be identified.

BY COURT: RULING

1. This is a proper case…

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