MESSRS LINER MOTORS
V.
OCEAN MOTORS LIMITED

(2018) JELR 107898 (HC)    
High Court  ·  SUIT NO: GJ 393/16 ·  22 Mar 2018 ·  Ghana
CORAM
(SGD) K. T. ACKAAH-BOAFO
Core Terms Beta
applicants
judgment
counsel
judgment creditor
court’s act
italian court
liner car
liner motors
public policy
registration of the judgment
cogent evidence
high court civil procedure rules
high court of modena
notice of the suit
supreme court
above analysis
applicants case
applicants’ case
arguments of counsel
backdrop of a foreign judgment
business transaction
case of the applicants
considered opinion of this court
contention of the 2nd defendant
counsel’s opinion
counsel’s submission
courts act
court suits
enforcement of the judgments
exhibits aa2
favour of the respondent
high court judge
law clerk of f.a. agbotse
law of italy
laws of this country
learned counsel
mr. s.k. amoah
names of entities
natural justice
necessary steps
order of the court
prior hearing
respondent’s case
rule of c.i.

RULING 

MOTION TO SET ASIDE ORDER OF THE COURT FOR REGISTRATION OF  FOREIGN JUDGMENTS – SECTION 83 OF COURTS ACT, 1993 (ACT 459) AND  ORDER 71 RULE OF C.I. 47 

i. Introduction:  

[1] Against the backdrop of a foreign judgment from the High Court of Modena, Sassuolo  Division, Italy registered by this Court on June 15, 2016 in favour of the Respondent herein against  the Applicants herein to enforce the Orders contained therein, the Applicants have filed the instant  application seeking an order to set aside the registration. The Respondent has filed an affidavit in  opposition to the application. The application is filed pursuant to Section 83 of the Court’s Act,  1993 (Act 459) and Order 71 Rule 9 of the High Court Civil Procedure Rules, (2004) CI 47

[2] The grounds upon which the application is premised are catalogued in the 19 paragraph  supporting affidavit accompanying the motion paper. The rationale underpinning the instant  application is stated at paragraphs 15 and 16 of the …

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