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MARGARET
INSAIDOO J (MS).
RULING
This is an application seeking
leave of this court for the
following:-
a)
To apply for review of the ruling
of the Honourable Court given on
17/1/07 denying the
Defendant/applicant herein the
right to Counterclaim as of right
saying the Defendant/Applicant
must first file application for
joinder of persons they want to
Counterclaim against.
Or in the alternative:
b) To apply to
join:
1)
Gravura AG
2)
PMMC
Precious Minerals Marketing
Company
3)
Peter Boakye
4)
Daniel Opoku Mensah
c)
To apply for security for costs as
the Plaintiffs/Respondents Company
has no Agent in Ghana, is not
resident in Ghana and has no
properties in the country that
could be attached in satisfaction
of any judgment debt.
His reasons being that the
Plaintiff Company is an artificial
person which act through officers
and in the view of the
Defendant/Applicant the Power of
Attorney could not be relied upon.
Additionally, the applicant was
insisting that it could join
additional parties to a
counterclaim without necessarily
bringing an application for
joinder.
Thirdly, the applicant was
applying for security for costs
since the Plaintiff Company was
not resident and has no agent in
Ghana.
The respondent opposed this
application on the grounds that
the Plaintiff is an entity, which
is known to the Laws of
Switzerland but it is recognized
as a Foreign Company under
Ghanaian Law.
Secondly, the respondent was
emphatic that Daniel Opoku Mensah
could not be joined to the action
because he is only an attorney
representing the Plaintiff and not
a party to this suit.
CONCLUSIONS
After considering all the
submissions and authorities
preferred by both counsels in the
matter, as well as the authorities
cited;
I
make the following orders -
1)
The Plaintiff/Respondent and or
his Solicitor is to provide an
undertaking to the Registrar of
this court that it will make good
any judgment that may be taken
against it.
2.
The application to join the names
of
(1) Gravura AG
(2) PMMC (Precious Minerals
Marketing Company)
(3) Peter Boakye
(4) Daniel Opoku Mensah
as Defendants to the counterclaim
is refused in part for the
following reasons:
a)
In terms of Gravura AG, it is
already a party in this suit and
therefore it is not necessary to
join him to the Counterclaim.
b)
In terms of Daniel Opoku Mensah,
he is just an attorney
representing the Plaintiff Company
and therefore cannot be joined.
c)
In terms of the Precious Minerals
Co. & Peter Boakye, it is my
considered opinion that the
applicant ought to do so properly
by application to this court.
MARGARET INSAIDOO J (MS)
(SGD)
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