Atuguba and Associates Vrs Scipion Capital (uk) Ltd and Another [2019] GHASC 18 (3 April 2019)

Atuguba and Associates Vrs Scipion Capital (uk) Ltd and Another [2019] GHASC 18 (3 April 2019)

The respondent (Holman Fenwick Willan LLP) was a disclosed agent and not a proper party to the contract between the appellant and the 1st defendant; the trial judge misapplied the law and facts in refusing to strike out the respondent, and the Court of Appeal was justified in intervening and striking out the respondent as a party.

Citation
[2019] GHASC 18
Parties
Plaintiff/respondent/appellant: Atuguba & Associates; 1st Defendant: Scipion Capital (UK) Ltd; 2nd Defendant/appellant/respondent: Holman Fenwick Willan LLP
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
3 April 2019
Procedural Posture
Civil Appeal / Interlocutory Appeal From High Court to Court of Appeal to Supreme Court
Outcome
appeal dismissed
Legal Topics
Joinder and Misjoinder of Parties, Exercise of Judicial Discretion, Omnibus Ground of Appeal, Agency Relationship, Contract Formation Via Electronic Communication
Source Language
English
Civil Procedure Contract Law Agency Law Joinder and Misjoinder of Parties Exercise of Judicial Discretion Omnibus Ground of Appeal Agency Relationship Contract Formation Via Electronic Communication

Case Brief

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Parties

Atuguba & Associates

Plaintiff/respondent/appellant

Scipion Capital (UK) Ltd

1st Defendant

Holman Fenwick Willan LLP

2nd Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Interlocutory Appeal From High Court to Court of Appeal to Supreme Court

Legal Issues

  1. 1 Whether the Court of Appeal was justified in striking out the respondent (Holman Fenwick Willan LLP) as a party to the suit for misjoinder
  2. 2 Whether the trial judge exercised her discretion properly in refusing to strike out the respondent
  3. 3 Whether legal arguments can be advanced under the omnibus ground of appeal

Ratio Decidendi

The respondent (Holman Fenwick Willan LLP) was a disclosed agent and not a proper party to the contract between the appellant and the 1st defendant; the trial judge misapplied the law and facts in refusing to strike out the respondent, and the Court of Appeal was justified in intervening and striking out the respondent as a party.

Court Disposition

appeal dismissed

Orders

  • The judgment of the Court of Appeal is affirmed; the respondent (Holman Fenwick Willan LLP) remains struck out as a party to the suit.