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JEFF OPPONG
V.
KWAME OWUSU ANSAH

(2017) JELR 67332 (HC)

High Court 17 Oct 2017 Ghana
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- The Defendant's counsel seeks to set aside the execution process initiated by the Plaintiff/Judgment Creditor/Respondent and release the Defendant's vehicle. - The Defendant's counsel argues that the Plaintiff did not seek leave from the

Case Details

Suit Number:CIVIL APPEAL NO.OCC/27/2017
Judges:ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Counsel:GEORGE FUSEINI FOR PLAINTIFF; KWAME ADOFO FOR DEFENDANT.

RULING

MENSAH-HOMIAH (MRS.) J.

In this application, counsel for Defendant seeks to set aside the execution process set in motion by the Plaintiff/Judgment Creditor/Respondent and for the release of the Defendant/Judgment Debtor’s vehicle with registration number GR 5452 L.

In moving the application, counsel relied on the affidavit in support and the search report exhibited to the application which shows that the Plaintiff/Judgment Creditor did not seek leave of this court before going into execution.

Counsel submitted that to the extent that no leave was sought, the execution process must be set aside.

The Plaintiff/Judgment Creditor caused an affidavit in opposition to be field on his behalf. It was deposed therein that after service of entry of the judgment in default of appearance on the Defendant, the Plaintiff filed a Writ of Fieri Facias on 01/08/2017 which kick started the execution has been brought in bad faith. Per the court’s records, the entry of judgment was duly served on the …

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