LAMPTEY VRS. BETWAY GHANA LTD. (CM/BDC/0145/2024) [2024] GHAHC 52 (11 March 2024)

LAMPTEY VRS. BETWAY GHANA LTD. (CM/BDC/0145/2024) [2024] GHAHC 52 (11 March 2024)

The Defendant/Applicant, by its own conduct and representations, is estopped from denying its identity as Betway Ghana. The addition of 'Limited' is a misnomer that can be corrected by amendment. The court's jurisdiction has been properly invoked, and the application to dismiss is without merit.

Citation
LAMPTEY VRS. BETWAY GHANA LTD. (CM/BDC/0145/2024) [2024] GHAHC 52 (11 March 2024)
Parties
Plaintiff/respondent: Accam Obed Lamptey; Defendant/applicant: Betway Ghana Ltd.
Court
ghahc
Jurisdiction
Ghana
Judgment Date
11 March 2024
Procedural Posture
Commercial Motion to Dismiss / Ruling on Motion to Dismiss for Want of Legal Personality
Outcome
Application dismissed
Legal Topics
Legal Personality, Misnomer, Estoppel, Unjust Enrichment, Amendment of Pleadings
Source Language
eng
Civil Procedure Commercial Law Legal Personality Misnomer Estoppel Unjust Enrichment Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 26 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Accam Obed Lamptey

Plaintiff/respondent

Betway Ghana Ltd.

Defendant/applicant

Procedural Posture

Commercial Motion to Dismiss / Ruling on Motion to Dismiss for Want of Legal Personality

Legal Issues

  1. 1 Whether the Defendant/Applicant is a legal person capable of being sued
  2. 2 Whether the suit should be dismissed due to alleged non-existence of the Defendant/Applicant
  3. 3 Whether a misnomer in the Defendant's name is fatal to the action or can be cured by amendment

Ratio Decidendi

The Defendant/Applicant, by its own conduct and representations, is estopped from denying its identity as Betway Ghana. The addition of 'Limited' is a misnomer that can be corrected by amendment. The court's jurisdiction has been properly invoked, and the application to dismiss is without merit.

Court Disposition

Application dismissed

Orders

  • Application to dismiss suit is dismissed
  • Cost of GHS 8,000 awarded to the Plaintiff/Respondent against the Defendant/Applicant