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JUDGMENT
OFOE, J.A:
ANTECEDENTS The plaintiff/appellant company, herein after referred to as the plaintiff, on the 3rd of November 2015 issued out a writ of summons against the defendants/respondents at an Accra High Court claiming payment of $2,056,619.90 owe it by the defendants being outstanding amount on a business contract, the details of which it has elaborated in its statement of claim.
Tersely put, it had an agreement with the 1st defendant to supply it with gold in exchange for mining equipment.
There was a subsequent additional agreement by which it advanced some monies to the 1st defendant for the 1st defendant to ship that monies worth of gold to it.
It is its case that the 1st defendant had defaulted in the supply hence the outstanding amount claimed on the writ.
The other defendants are directors of the company and also guarantors of the 1st defendant who undertook to pay to the plaintiff on demand all debts that may arise out of the financial transaction between them There was an initial judgment against the defendants but that was set aside on application of the defendants paving the way for them to file their defence.
We find on record an application for stay of proceedings (refer to page 72) filed on the 30th November 2016, and an affidavit in opposition (refer to page 83). Also on record is a Notice To Raise Preliminary Legal Objection filed 6th December 2016 (refer to page 87 of the record of appeal). If there were any outcomes of these processes, they are absent from the records.
The record of appeal reveals further that on the 24th of July 2018 an application for leave to enforce arbitral award filed by the plaintiff had been struck out by Her Ladyship Justice Jennifer Abena Dadzie with the reason that it had come to her attention that the defendants had issued a writ challenging the arbitration award which the plaintiff intended to enforce before her.
She struck out the plaintiff’s application as withdrawn without prejudice.
This can be found at page116 and 153.
After this outcome in Abena Dadzie J’s court one would have expected the plaintiff to pursue the defendants on the writ they had filed questioning the arbitration award but that was not what we have on the record.
Rather on the 8th of November 2018 the plaintiff filed another motion for leave to enforce arbitral award.
This can be found at page 154.
A cursory reading of the supporting affidavit to this motion revealed that it was not different in content from the one earl