JUDGMENT
GYIMAH, JA:
Introduction
This is an appeal against the ruling of the High Court, Commercial Division, Accra, delivered on 22nd January 2025 refusing an application to relist the appellant’s statement of defence and counterclaim and for extension of time to file witness statements out of time.
Summary of the facts
The respondent instituted an action against the appellant claiming the recovery of the sum of US$30,162,353.99, interest and cost for gas supplied to the appellant which was not paid for. The appellant entered appearance to the action and brought an application to dismiss the suit on grounds of capacity which application was refused by the court. The appellant subsequently filed a statement of defence and counterclaimed for the recovery of the sum of US$4,092,108.92, interest and cost.
Directions were subsequently taken, issues settled and parties were directed to file their witness statements. After the direction to file witness statements was given by the court, the ap…