ALHASSAN MUSAH TIMBERS LIMITED & ORS v. FRANKO TIMBERS LIMITED

RULING

In this motion on notice the Defendant/Applicant (hereinafter called the Applicant) is praying this court for the following:

(1) An order staying the execution and/or further execution of the judgment of the Honourable Court dated February 4, 2014;

(2) An order setting aside the purported writ of summons and statement of claim filed in the above suit on February 24, 2012 as having been issued in clear breach of statutory and time-honored procedural requirements thus making the writ of summons and statement of claim void;

(3) An order setting aside all processes, steps taken and proceedings, including the judgment dated February 4, 2014, as having been respectively filed, undertaken or delivered based on a void writ of summons and statement of claim which could not have properly invoked the jurisdiction of the Honorable Court.

(4) An order setting aside the purported:

(i). ‘Notice of Withdrawal of the Notice of Appeal, filed on the 2nd May, 2014’ filed on 15/11/18;

(ii) Entry of Judgment filed on 15/1/18,

(iii) the order of substituted service granted by Justice Kofi Akrowiah on 15/1/19;

(iv) any, and or all other processes, steps taken or purported to be taken after the order of substituted, as all those steps breached statutory sine qua non and judicial decision binding on the Honorable Court, in terms of the supporting affidavit and annexures attached.

Background to the Application

The background to the application is that on 24/2/2012, the Plaintiff/Respondent (hereinafter called the Respondent) issued a Writ of Summons and Statement of Claim against the Applicant herein for the reliefs as endorsed on the writ of summons. The law office, Dwumfour & Dwumfour, indorsed the writ. The Honourable Court presided over by Her Ladyship Justice Angelina Mensah-Homiah (Mrs) sitting at the Commercial Court ‘1’ Kumasi heard the case and rendered a judgment partly in favour of the Applicant and Respondent herein. Aggrieved by that decision, the Respondent caused a notice of appeal to be filed on 2/5/2014 at the registry of the High Court on its behalf by Sulley Sambian, Esq. of Sarpong and Associates. The Respondent in the said appeal prayed the Court of Appeal to set aside the decision of the Honourable Court.

Subsequent to the above, Abass Amankwah, Esq. filed Entry of Judgment and Notice of Withdrawal of the Notice of Appeal on 2nd May 2014. Having purportedly withdrawn the Notice of Appeal, Abass Amankwah, Esq. attempted unsuccessfully to serve