Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ASANTE AND ANOTHER
V.
K COMPU SERVICES LTD

(2002) JELR 65770 (HC)    
High Court  ·  23 Apr 2002 ·  Ghana
 · 
Other Citations
[2001-2002] 1 GLR 562
CORAM
APPAU J

Ratio Decidendi

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court
applicants
action
application
counsel
court of appeal
order
respondents
non-payment of rent
orders
stay of execution
writ of possession
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high court
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obiter dicta
pending action
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tenant-lessee
abuse of the court
accompanying affidavit
applicant-lessee relief
civil procedure
counsel’s contention
counsel’s view
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courts
defendant-judgment-debtor
execution of the order of this court
forfeiture of lease
forfeiture of the said lease
full reasons of the court of appeal
grant of a relief
higher court
holder of a previous judgment of the court
holder of the said judgment
judgment of the court
k l television services ltd
lease agreement
legal sense
plaintiff-judgment-creditors
proper interpretation of this rule
registry section
time judgment
whole action

APPAU J.

This is an application by the defendant-judgment-debtor (hereinafter referred to as the applicants) praying this court for three orders which I reproduce below:

“(a) An order staying execution of the order of this court dated 21 July 1997 forfeiting the lease agreement executed between the parties dated 9 January 1996.
(b) An order setting aside the writ of possession obtained by the plaintiff-judgment-creditors (hereinafter referred to as the respondents).
(c) An order granting the applicant-lessee relief against forfeiture of the said lease as per the grounds contained in the accompanying affidavit.”

The application was supported by an affidavit which counsel for the applicant relied on in his submissions.

The respondents strongly opposed the application and filed two affidavits to that effect on 28 May 2001 and 3 September 2001 respectively. The gravamen of the two affidavits in opposition is that the present application is an abuse of the court’s process since there is no sui…

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