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AFRICAN AUTOMOBILE
V.
ACCRA METROPOLITAN ASSEMBLY

(2018) JELR 64812 (HC)

High Court 13 Mar 2018 Ghana
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- Defendant/Applicant moved to set aside the amended entry of judgment, certificate of judgment, and garnishee order nisi on grounds that the underlying judgment relied upon by the Plaintiff/Respondent was allegedly altered and not the true

Case Details

Suit Number:SUIT NO. RPC/344/2007
Judges:GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT
Counsel:AKAWARI ATINDEM FOR DEFENDANT/APPLICANT; SARFO BUABENG FOR PLAINTIFF/RESPONDENT.

KOOMSON J.

In this application the Defendant/Applicant prays for an order to set aside the amended entry of judgment, certificate of judgment and garnishee order nisi filed by the Plaintiff/Respondent. I gave my decision dismissing the application and reserved my reasons which I now proceed to give.

I have read the application and the supporting affidavit. I have also read the affidavit in opposition. Consideration has also been given to the affidavit filed by the registrar on the 12th July, 2017 upon the direction of the court in its enquiry as to which of the two judgments filed by the parties in support of their respective case was genuine.

Regard has also been given to Order 82(2) of C.I 47 and the written submissions filed by the parties.

The core contention of the applicant in this application is that the judgment upon which the respondent relied, in filing the amended Entry of Judgment, Certificate of judgment and Garnishee Order Nisi had been altered and thus does not represent th…

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