A complaint brought against William Falconer, sometimes known as Rocco, was rejected by the Accra High Court.
Sustainable Trading Limited, a private corporation, filed the complaint against Demeter Ghana Limited (DGL) and the Republic of Ghana.
Mr. Falconer had nothing to do with the case, according to the court, which was presided over by Her Ladyship Jane Harriet Akweley Quaye.
Mr. Falconer is the Director of DGL, one of Ghana's and West Africa's largest agricultural inputs and specialized service suppliers, dealing in fertilisers, seeds, soil amendments, and specialty inputs as well as agronomy services such as soil testing and agronomy advise across the country.
Background
The Ghanaian government and COCOBOD, the world's largest cocoa grower, are among DGL's significant clients since 2014. Through Ghana's flagship Planting for Food and Jobs initiative, which has a direct impact on 100,000 farmers in Ghana alone, commercial farms across West Africa are being established.
Sustainable Trading attempted to sue Rocco Falconer, among others, in a civil case in Accra as a result of a business dispute that is still pending in court.
Mr Falconer's attorney, Kulendi@Law, maintained, however, that the defendant is not a proper party to the lawsuit. As a result, they filed an application for misjoinder under Order 4 Rule 5 (2) of the High Court Civil Procedure Rules C.I 47, requesting that their client be dismissed from the case.
Charles Quansah Esq., standing with Jeffery Koranteng and Victor Owusu as counsel for the defendant, informed the court that there was "no evidence" in the case.
Mr. William Falconer should be designated a party to the business dispute because of a "particular cause of action" brought against him.
They further claimed that all agreements were made between the plaintiff Sustainable Trading and the 1st Defendant Demeter Ghana at all relevant dates.
The applicant's lawyer challenged the misjoinder motion, questioning certain of the averments made by the 2nd defendant's counsel.
Her Ladyship Justice Akweley Quaye determined that the name of William Falconer be stricken from the action after hearing all sides. She was inclined to agree with his Counsel.
She listed many sources to support her decision to dismiss Mr. Falconer from the case.
The law only lifts the corporate veil in "a few recognized instances," according to Justice Akweley Quaye, and looks to directors and members personally in "a few recognized exceptions."
The judge, in what appeared to be free legal advice, stated that the 2nd Defendant can only be a material witness for the defense and that the Plaintiff can subpoena him if they so desire, and thus granted the misjoinder application and struck out the name of William Falconer as a party in the court case.
The commercial battle between Sustainable Trading and Demeter Ghana Limited is still in court, with Demeter Ghana countersuing Sustainable Trading for new allegations.
"I am relieved that the court has dismissed this false lawsuit," Rocco Falconer remarked.