CLETUS BABRON KUFIA & ANOR
V.
MR. AIKINS & 2 ORS

(2023) JELR 111940 (HC)

High Court 20 Feb 2023 Ghana
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:FAL/766/2011
Judges:K. A. GYIMAH, J
Counsel:JAMES ABIADUKA WITH GALLANT AKORLI FOR PLAINTIFFS. ALFRED PAAPA DARKWA WITH RICHARD KWAME NORMANYO AND KATHLEEN BOTCHWAY FOR DEFENDANTS.
Location:Accra

JUDGMENT

Introduction

The writ in this suit was originally issued on 5 August 2011. The statement of claim was later amended on 25 February 2021, about ten years after the original writ was issued. This case has been pending in the court for almost twelve years which does not augur well for justice. The case was assigned to this court to handle on 9 October 2018 at a time where the plaintiffs had already been granted an interlocutory judgment against the defendants for failure to file their defence. Instead of the plaintiffs proceeding to lead evidence in proof of their title in order for the court to enter final judgment on their behalf, counsel for the plaintiffs rather brought an application for leave to go into execution in respect of the said interlocutory judgment which approach is an anomaly as one cannot attempt to enforce an interlocutory judgment because it is not a final judgment.

On 15 May 2019, counsel for the defendants brought an application to set aside the said interlocu…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.