ALLIED OIL COMPANY LIMITED v. WESTERN AUTOMOBILE CO. LTD
2018
HIGH COURT
GHANA
CORAM
- KWEKU T. ACKAAH-BOAFO
Areas of Law
- Civil Procedure
- Corporate Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff initiated an action on June 1, 2015, against the Defendant, who later filed an application to set aside the writ on the grounds that it was issued by a law firm rather than a natural person. The court evaluated arguments from both sides and relevant case laws, ultimately determining that the application was made in bad faith and lacked merit. The court emphasized the necessity of doing substantial justice by considering all evidence presented and found no legal reason to grant the Defendants application at the advanced stage of the proceedings. The application was dismissed, and costs were awarded to the Plaintiff.
RULING
i. Introduction:
[1] This is an application by Defendant/Applicant herein praying for “an Order to set aside the Plaintiff’s Writ and Statement of Claim, the reply and the application for directions upon the grounds stated in the accompanying affidavit”. The application according to Counsel is “for lack of compliance with our laws and under the inherent jurisdiction of the Honourable Court”.
ii. Background:
[2] It recalls that on the 1st day of June, 2015 the Plaintiff herein commenced this instant action by issuing a writ of summons against the named Defendant herein endorsed with certain judicial reliefs.
[3] After been served with the Plaintiff’s Writ of Summons and Statement of Claim, the Defendant entered appearance through George Kofi Bekai of De-Georges Law Consult. Mr. Bekai filed a Statement of Defence for the Defendant on July 14, 2015. The Plaintiff filed a Reply to rebut the contentions contained in the Statement of Defence filed. The Plaintiff/Respondent consequently filed an Application for Directions on November 19, 2015 and set out about six issues for the Court’s consideration. The Defendant’s Counsel also filed six Additional issues on November 30, 2015 for the Courts determination. The Court on July 26, 2016 set down all the issues as issues for trial in this matter. The Court ordered the parties to file their Witness Statements together with their pretrial checklists simultaneously.
[4] The Plaintiff filed its Witness Statement on February 2, 2017 together with its exhibits and the Defendants also filed its Witness Statement on January 6, 2017. The Court held a mandatory Case Management Conference with representatives of Counsel. Mr. Joel Annor-Afari held the brief of Benson Nutsukpui and Lawrence Asante Ahenkorah held the brief of Mr. George Bekai on February 23, 2017. Trial dates of May 2 and 4, 2017 were set. Due to scheduling challenges the trial did not proceed in May 2017 and new dates were set for July 18 and 19, 2017. The trial in July 2017 also did not proceed because Defendant’s Counsel failed to attend Court. New trial dates of October 16 and 19, 2017 were again set. When the matter was called on October 16, 2017 Mr. Benson Nutsukpui informed the Court that he inadvertently failed to serve the Hearing Notice ordered by the Court and therefore he prayed the Court to adjourn the matter to November 6, 2017.
[5] The Court on November 6, 2017 set November 21, 2017 as the new trial date but that date was als