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ATTIYYATUL AZIZ ABDULLAH (PLAINTIFF/RESPONDENT)
V.
JOSEPH AMON KOTEY (DEFENDANT) RICHARD HLORMADOR

(2019) JELR 65925 (HC)

High Court 12 Jul 2019 Ghana
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- The case involves a dispute over a property that was attached for the execution of a judgment. The original writ of summons was filed on July 28, 2016, for the refund of GH¢ 538,000 plus interest and cost. The defendant, who was serving a

Case Details

Suit Number:SUIT NO: GJ/1088/2016
Judges:KWEKU T. ACKAAH-BOAFO
Counsel:NELSON ATANGA AYAMDOO FOR THE PLAINTIFF/ RESPONDENT ,GARY NIMAKO MARFO FOR CLAIMANT/ APPLICANT

ACKAAH-BOAFO, J.

RULING – RELISTMENT OF CLAIM

Introduction:

i. Background:

[1] The facts of this case are free from complexity but in order to understand the reasoning behind my conclusion it is important to give the historical background of this suit and the instant application. My review of the docket shows that the Original Writ of Summons was filed on July 28, 2016. The claim was for the refund of the amount of GH¢ 538,000 and interest and cost. The writ of summons with the statement of claim was served on the Defendant through the Legal Department of Nsawam Prisons. After no appearance was entered by the Defendant, a Motion Ex Parte for Final Judgment was filed on December 20, 2016. On December 22, 2016 the application was granted and judgment was entered in favour of the Plaintiff. I note that though the Defendant was serving a prison term he was in Court with Prison Officers and did admit to the Court that he had no defence to the claim because he was owing the Plaintiff.

[2] The Pl…

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