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GRACE AMA ADJALOKO
V.
CHARLES SYLVESTER BENYI

JELR 114720 (HC)

High Court Ghana
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Case Details

Suit Number:DM/0226/2022
Judges:HER LADYSHIP JUSTICE CYNTHIA WIREDU

RULING

This is an application to set aside an order of this court registering a foreign judgment.

The crux of this application is that the respondent at the time that he sought leave of the court to register the judgment in question was statute barred.

The applicant argued that the court’s Act, Act 459 provides that the time limit for the registration of a foreign judgment shall be within 6 years after the delivery of the judgment. See Section 82 (2) of Act 459.

It is his prayer that since the foreign judgment was entered on 26th September 2012 the registration of the judgment is null and void and should be set aside.

The Respondent case is that the 6 year time limit for the registration of foreign judgment is not applicable to the instant case because section 82(2) of Act 459 applies only to the enforcement of judgment and maintenance orders but the registration of the judgment in question here was for the purpose of recognition of a foreign judgment dissolving a marriage and not for the …

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