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March 24, 2024
HIGH COURT
GHANA
CORAM
This is an application for and on behalf of the defendant/applicant hereinafter referred to as applicant praying for an order dismissing the instant suit as being an abuse of the processes of the court.
I shall quote the relevant paragraphs as follows: 4. That the applicant was served with a writ of summons and a statement of claim issued at the High court on 18 th January 2023 at the instance of the plaintiff.
Exhibit 1. 5. That the applicant caused its counsel to enter appearance in the matter.
See Exhibit 2. 6. That the applicant is of the view that the instant suit is an abuse of the processes of court since there is a default judgment on the matter between the parties which judgment is currently being challenged at the District Magistrate, Kadjebi.
7. That plaintiff issued a writ of summons and statement of claim against the defendant/applicant at the District Magistrate, Kadjebi on 5 th October 2021 (Suit No. A2/14/2021) Exhibit 3. 8. That respondent subsequent to issuing the writ at the District Magistrate Kadjebi obtained default judgment against the applicant herein.
Exhibit 4, copy of the judgment.
9. The plaintiff/judgment creditor commenced processes at the District Magistrate to execute the said judgment.
See Exhibit 5 a copy of the Formal Decree.
10. Being notified of the said default judgment, applicant herein applied to the District Magistrate, Kadjebi to set aside the said default judgment.
See Exhibit 6 copy of the application.
11. That before applicant herein could move the said application seeking to set aside the default judgment, respondent herein raised a preliminary objection opposing the moving of the said application.
12. Applicant herein responded to the said preliminary objection whereupon the court took a date to rule on the said preliminary objection.
13. That District Magistrate gave its ruling on the said preliminary objection refusing the objection raised.
Exhibit 7 a copy of the ruling.
14. That dissatisfied with the said ruling, respondent herein filed a notice of appeal at this Honourable Court, challenging the ruling of the District Magistrate.
Exhibit 8, copy of the Notice of Appeal.
15. That further to this, the respondent herein also filed a motion for stay of proceedings at the District Magistrate pending the determination of the interlocutory appeal.
Exhibit 9 a copy of the motion.
16. That the applicant herein did not oppose the said motion whereupon the motion was duly granted by the co
AI Generated Summary
In the High Court, Hohoe, the Kadjebi District Assembly applied to strike out a new suit brought by Adonten Royal Estates Ltd., arguing it was an abuse of process because a default judgment already existed between the same parties in the District Magistrate Court, Kadjebi. The plaintiff responded that the District Court lacked jurisdiction over company matters under the Companies Act, so those proceedings, including the default judgment, were void; a notice of discontinuance was also filed there. The High Court analyzed statutory jurisdiction, noting company disputes are for the High Court and objections to jurisdiction can be raised at any time. The court held the District Court lacked jurisdiction, declared its proceedings and orders null, recognized that the jurisdictional defect is a special circumstance defeating an abuse-of-process claim, and dismissed the strike‑out application, allowing the High Court suit to proceed.