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MAHMOUND’S JEWELLERY LTD.
V.
G. T. BANK (GH) LTD AND GUARANTY TRUST BANK (GH) LTD

(2016) JELR 66226 (HC)

High Court 16 Jun 2016 Ghana
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- The case involves a motion by the Applicant, Guaranty Trust Bank, seeking dismissal of a suit and judgment obtained against it. The bank also sought orders to set aside the service of the entry of judgment, stay the execution of the defau

Case Details

Suit Number:SUIT NO.CM/0206/2016
Judges:HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT
Counsel:PLAINTIFF REPRESENTED BY ABDUL KADIL ,APPLICANT EUSTALE BAST-PLANGE ,JONATHAN SARBLAH ESQ. FOR PLAINTIFF ,KWBENA ADU-KUSI ESQ. FOR APPLICANT

RULING

BAFFOUR, J.

This is a motion by the Applicant, Guaranty Trust Bank, seeking an order for the dismissal of the suit and the subsequent judgment obtained and in the alternative applicant prays for the following reliefs:

i. An order setting aside the service of the entry of judgment on the applicant.

ii. An order to stay the execution of the default judgment entered against the defendant pending the determination of this application.

iii. An order setting aside the service of the writ and statement of claim on the applicant/interested party.

iv. An order to restrain the plaintiff from executing the judgment against the applicant.

In an affidavit deposed to in support of the application by one Miss Chineze Ikeduba, she claims that the processes in this suit has wrongly been served on the applicant who is not a party to the suit and that the applicant is completely different from the defendant to this suit. Besides, that there is no company in Ghana by name as G.T. Bank (GH) Ltd, the defen…

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