REMA TIPTOP SURFACE PROTECTION (PTY) LIMITED VRS. MOSPACKA COMPANY LIMITED AND ANOTHER (J4/01/2022) [2022] GHASC 130 (15 June 2022)

REMA TIPTOP SURFACE PROTECTION (PTY) LIMITED VRS. MOSPACKA COMPANY LIMITED AND ANOTHER (J4/01/2022) [2022] GHASC 130 (15 June 2022)

A foreign company, not registered or having a place of business in Ghana, is not barred from suing in Ghanaian courts solely on that basis. The failure to endorse a local address on the writ is not a statutory requirement that affects capacity or jurisdiction. The appeal challenging the Respondent's capacity to sue is dismissed.

Citation
[2022] GHASC 130
Parties
Plaintiff/respondent: Rema Tiptop Surface Protection (Pty) Limited; Defendant/appellant: Mospacka Company Limited; Defendant/appellant: Moses Armah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
15 June 2022
Case Number
J4/01/2022
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Capacity to Sue, Foreign Companies, Jurisdiction, Procedural Objection
Source Language
English
Civil Procedure Company Law Capacity to Sue Foreign Companies Jurisdiction Procedural Objection

Case Brief

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Parties

Rema Tiptop Surface Protection (Pty) Limited

Plaintiff/respondent

Mospacka Company Limited

Defendant/appellant

Moses Armah

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether a foreign company not registered or having a place of business in Ghana has capacity to sue in Ghanaian courts
  2. 2 Whether failure to endorse a local address on the writ deprives the court of jurisdiction

Ratio Decidendi

A foreign company, not registered or having a place of business in Ghana, is not barred from suing in Ghanaian courts solely on that basis. The failure to endorse a local address on the writ is not a statutory requirement that affects capacity or jurisdiction. The appeal challenging the Respondent's capacity to sue is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is wholly dismissed.
  • The decision of the Court of Appeal affirming the trial court is upheld.