Customer Support

JUSTICE GILBERT MENSAH QUAYE SUBSTITUTED BY DANIEL MENSAH QUAYE
V.
KOIWA INVESTMENT CO. LTD & ORS.

(2017) JELR 91898 (HC)

High Court 7 Feb 2017 Ghana
BriefBot icon

BriefBot Summary

Free

- Application to set aside Writ of Execution was dismissed as an abuse of process, given a prior identical application had been dismissed and was under appeal. - The court underscored its authority to prevent repetitive and frivolous filing

Case Details

Suit Number:SUIT NO: TRLD/13/2009
Judges:DENNIS ADJEI, JA
Counsel:William Addo Esq. with him Mrs. Vanessa Mensah and Yaw Odei Osei Esq; for the Plaintiff/Respondent Kwame Fosu Gyeabour Esq. for the Applicants

R U L I N G


The Applicants lawyer filed a motion to set aside the Writ of Execution on 24th January, 2017, and fixed for it for today, 7th February, 2017, for hearing. 

The Applicants are absent and Counsel has written a letter for an adjournment. The basis for the adjournment is frivolous and I will determine the application on its merits. 

As the presiding Judge for the Court I have examined all the processes filed by the Applicants as well as the Respondents even though the applicants are absent to have their motion. 

I am satisfied that this same Applicants filed an application to set aside the Writ of Execution and which was dismissed by this Court on 31st October, 2016. 

The Applicants dissatisfied with the Ruling of this Court appealed against the ruling and filed Stay of Execution. The Court of Appeal on 17th January, 2017, dismissed the application for Stay of Execution.

By paragraph 7 of the Affidavit in Opposition filed by the Plaintiff on 20th January, 2017, the Plaintiff has de…

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.