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(2016) JELR 69619 (CA)

Court of Appeal 23 Feb 2016 Ghana
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- The High Court, Sunyani, initially ruled in favor of the defendant on 30th March 2011. However, the Appeal Court, Kumasi, reversed this decision on 22nd October 2015. - The Appeal Court did not make any consequential orders, making it dif

Case Details

Suit Number:CIVIL MOTION NO.:H3/53/16
Judges:E. K. AYEBI J.A. (PRESIDING), G. TORKORNOO (MRS) J.A., A. M. DOMAKYAAREH (MRS) J.A.
Counsel:MRS MERCY LARBI FOR PLAINTIFF/APPELLANT; WUMPINI SHAIBU FOR DEFENDANT/RESPONDENT

A. M. DOMAKYAAREH (MRS), J.A.

CONSEQUENTIAL ORDERS

On 30th March 2011 the High Court, Sunyani, delivered judgment in favour of the defendant in the instant case. Following an appeal by the plaintiff, the Appeal Court, Kumasi on 22nd October 2015, reversed the High Court judgment.

The Court did not however make any consequential orders which made it difficult for the successful appellant to execute and enforce the judgment of the Court of Appeal.

On the 5th of November 2015, counsel for the plaintiff/appellant/applicant (hereinafter called the Applicant) filed a Motion on Notice praying the Court for an order of review of its judgment of 22 – 10 – 2015 to make provision for the consequential orders.

The Motion was moved on 25 – 01 – 2016 and the court adjourned the case to 23rd February, 2016 for its Ruling on the application.

Counsel for the defendant/respondent/respondent (hereinafter called the Respondent) opposed the Motion through his affidavit in opposition filed on18th December, 2015.…

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