Gbadegbe J.A.
On December 14, 2004, the instant writ issued from the Circuit Court, Tema claiming certain reliefs that are plainly based on a contract of employment between the parties to the action. In the title to the writ, it was provided as follows regarding the plaintiff: “Richard Asare and 54 others.” In the indorsement to the writ of summons, the following description was provided of the plaintiff: “The plaintiff brings this action for himself and 54 others”. The indorsement as to the capacity in which the action was initiated by the plaintiff was repeated in paragraph 1 of the statement of claim to the following effect:
“Plaintiff brings this action for himself and 54 others (list attached herein) who were at all material times employed by the defendant Company Ferro Fabrik (Gh) Limited and worked loyally for various periods between 6months and ten years.”
The action proceeded to a trial with a hearing being conducted under Order 33rule 4 of the High Court (Civil Procedure Rules…