AEGIS INVESTMENT COMPANY LTD. vs SANLIN GROUP & 3 ORS.
2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP EMMANUEL AMO YARTEY (J)
Areas of Law
- Civil Procedure
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
In this post‑order application, the 4th Defendant/Applicant asked the Court to set aside a preservation order, alleging via an affidavit that he had not been served with the application that produced the order. HIS LORDSHIP EMMANUEL AMO YARTEY (J) reviewed the court file and found proof that the application had been served on the Applicant’s counsel on 7 June 2018, and that the preservation order was granted on 18 June 2018. The Court observed the Applicant continued to attend trial thereafter without objecting or appealing against the order. The Applicant only brought this motion more than four years later, after dismissing his counsel. Considering the record of service, the prolonged delay, and the Applicant’s acquiescence in the proceedings, the Court found the application devoid of merit, dismissed it, and made no order as to costs.
This is an Application by the 4th Defendant/Applicant praying the Court for an order setting aside the order for Preservation dated on the 18th of August, 2018.
The nucleus of the Application as captured by the paragraphs 6 – 8 of the Affidavit in Support is that the Applicant was not served with a copy of the Application which resulted in the order complained of.
There is evidence before me that the order complained of was decreed on the 18th day of June, 2018.
It is salient to note that before the grant of the order a copy of the Application was served on Counsel for the Applicant on the 7th day of June, 2018 per the proof of service on the docket.
There is evidence before me that after the delivery of the order complained of the Applicant has been attending Court for the trial without raising any issue with the order in issue or appealed against same.
I wonder why the Applicant waited for over four (4) years and after sacking his Counsel who was served with the Application before bringing the instant Application.
I see no merit in the Application for which reason I accordingly dismiss same.
No order as to cost.
(SGD)
EMMANUEL AMO YARTEY (J).