WOI SAMUEL KOJO ANTWI AND JAMES TAWIAH NKRUMAH (A2/07/2023) [2023] GHADC 1123 (21 March 2023)

WOI SAMUEL KOJO ANTWI AND JAMES TAWIAH NKRUMAH (A2/07/2023) [2023] GHADC 1123 (21 March 2023)

The CDS is not a necessary party because there is no evidence the alleged wrongful acts were authorised by or substantially the acts of the CDS or committed in the course of employment. The application for joinder is frivolous and vexatious.

Citation
[2023] GHADC 1123
Parties
Plaintiff/respondent: WO1 Samuel Kojo Antwi; Defendant/applicant: James Tawiah Nkruma
Court
District Court
Jurisdiction
Ghana
Judgment Date
21 March 2023
Case Number
A2/07/2023
Procedural Posture
Civil / Ruling on Application for Joinder
Outcome
application dismissed
Legal Topics
Joinder of Parties, Vicarious Liability, Necessary Parties
Source Language
English
Civil Procedure Joinder of Parties Vicarious Liability Necessary Parties

Case Brief

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Parties

WO1 Samuel Kojo Antwi

Plaintiff/respondent

James Tawiah Nkruma

Defendant/applicant

Procedural Posture

Civil / Ruling on Application for Joinder

Legal Issues

  1. 1 Whether the Chief of Defence Staff is a necessary party to the suit for purposes of vicarious liability
  2. 2 Whether the acts complained of were committed in the course of employment or with authority justifying joinder

Ratio Decidendi

The CDS is not a necessary party because there is no evidence the alleged wrongful acts were authorised by or substantially the acts of the CDS or committed in the course of employment. The application for joinder is frivolous and vexatious.

Court Disposition

application dismissed

Orders

  • Motion for joinder of the Chief of Defence Staff is dismissed.