ARMSTRONG OWUSU & ANOR VS KUDJO BEKOE & ORS
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JOAN EYI KING
Areas of Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves the plaintiffs/applicants seeking to relist a motion for stay of execution that has been struck out by the court. The applicants claim that their original motion should be relisted as it was incorrectly struck out due to a misunderstanding. The defendants/respondents opposed this, arguing it would cause unnecessary delays and waste the court's time. The presiding judge found that the original motion was correctly struck out due to irregularity in the affidavit and granted leave to correct it. Given that a corrected affidavit had already been authorized, the court refused the application to relist and instead directed the applicants to submit a revised motion for stay of execution. Cost of Ghc1000.00 was awarded in favor of the respondents.
This is an application for and on behalf of the plaintiffs/applicants hereinafter referred to as applicants praying for an order to relist the motion struck out by the court.
I shall quote the relevant paragraphs as follows:
3. That on 10/08/2023 we filed stay of execution in instant case and same have been struck out.
4. That the plaintiffs/applicants are desirous of pursuing the case and it is our prayer that the motion for stay of execution struck out by this Honourable Court be relisted.
The defendants/respondents hereinafter referred to as respondents opposed the application.
I shall quote the relevant paragraphs as follows:
3. That plaintiffs in the case have filed motion to relist a matter that has been dismissed by the Honourable Court on the 28 th of August 2023. 4. That the plaintiff decided to frustrate defendants since judgment was given in favour of defendants at the lower court.
5. That the action of the plaintiff is tantamount to wasting the time of the Honourable Court and abuse of the judicial system.
6. That I pray this Honourable court to refuse the grant of plaintiffs’ application and a cost awarded against them.
SUMMARY OF SUBMISSION In moving the application, counsel for the applicants relied on the motion paper, the affidavit in support and the record of proceedings of 28 th August 2023 and submitted that the applicants were before the Kadjebi District Court and judgment was given against them.
Being dissatisfied with the judgment, has appealed to the High Court, Hohoe.
That the applicants subsequently filed a motion for stay of execution pending appeal but failed to pursue the application and same was struck out and that it is the th contention of the applicant that in the interest of justice, their application filed on 10 August 2023 be relisted.
Commenting on the affidavit in opposition, counsel argued that per the affidavit in opposition, the main contention of the respondents is that the appeal will not be successful and prayed that since the application for stay of execution does not go into the merit of the case, the application be granted.
On the other hand, the respondents relied on their affidavit in opposition and prayed the court to refuse the application.
ANALYSIS AND EVALUATION A summary of the facts of the instant application is that, the applicants who were plaintiffs in a matter before the Kadjebi District Court, judgment was entered against them.
They filed a notice of appeal at the High Court, H