Daniel Bright Yaw Agbale Vrs Regent University College [2023] GHACC 441 (3 August 2023)

There are no specific reliefs directed at the 2nd Defendant; the 1st Defendant, as a corporate entity, can answer to all claims. The 2nd Defendant is not a necessary party and is improperly joined.

Citation: [2023] GHACC 441
Parties: Plaintiff/respondent: Daniel Bright Yaw Agbale; 1st Defendant: Regent University College of Science & Technology; 2nd Defendant/applicant: Nana Yaw Boadi Appiah
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 3 August 2023
Procedural Posture: Civil / Ruling on Motion to Unsuit 2nd Defendant
Outcome: Application granted; 2nd Defendant unsuited
Legal Topics: Joinder and Misjoinder of Parties, Corporate Personality, Constructive Dismissal, Employment Law
Source Language: English

Civil Procedure Joinder and Misjoinder of Parties Corporate Personality Constructive Dismissal Employment Law

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Parties

Daniel Bright Yaw Agbale

Plaintiff/respondent

Regent University College of Science & Technology

1st Defendant

Nana Yaw Boadi Appiah

2nd Defendant/applicant

Procedural Posture

Civil / Ruling on Motion to Unsuit 2nd Defendant

Legal Issues

1 Whether the 2nd Defendant is a necessary party to the suit
2 Whether any reliefs are specifically sought against the 2nd Defendant

Ratio Decidendi

There are no specific reliefs directed at the 2nd Defendant; the 1st Defendant, as a corporate entity, can answer to all claims. The 2nd Defendant is not a necessary party and is improperly joined.

Court Disposition

Application granted; 2nd Defendant unsuited

Orders

2nd Defendant is unsuited from the case
Cost of GH¢2,000.00 awarded against the Respondent