Try asking the following...
RULING
THE PRESIDENT OF THE COURT INVITED BAFFOE-BONNIE J. S. C. TO DELIVER HIS JUDGMENT FIRST.
BAFFOE-BONNIE JSC.
For a better appreciation of the issues to be resolved in this case it is important to set out in detail the facts that have given rise to this appeal.
The respondent in this appeal brought an action at the High Court. The writ was indorsed as follows:
The plaintiff’s claim is for:
1. An order of interim injunction restraining the 1st Defendant from disposing of
the property, that is, a building at Tema end of the Motorway (Tema)
2. An order freezing the accounts of the 1st Defendant , 2nd and 3rd Defendants at
Ecobank, Tema
3. An order freezing the accounts of the 1st Defendant at Barclays Bank , Tema
4. An order compelling Barclays Bank to furnish the court with the Statement of
accounts of the 1st Defendant from January 2004 to date
5. An order compelling Ecobank to furnish the court with the statement of accounts
of the 2nd and 3rd Defendants from January 2004 to date.
(Attached was an 18-paragraph statement of claims).
This writ was immediately followed with an application for interim injunction on 9/01/07. The application was heard on 12/01/07. Mr. Amua Sekyi who announced himself as appearing for the defendant made the following intervention.
Mr. Amuah Sekyi: “I have no objection to the application except that there must be a time frame within which a statement of accounts within the period so that we can advise ourselves(sic)
It is still not clear how Mr. Amuah Sekyi appeared in court to make this concession seeing that he had not filed any appearance. He only entered appearance on 2/02/07. The application was granted and certain consequential orders made, including:
“5. The managers of the above banks (i.e Barclays Bank, Tema and Ecobank, Tema) are to prepare and submit before this court statement of the respective accounts from January 2003 to date on 30/1/2007.”
The two banks complied with the court’s directive and duly submitted statements on accounts being kept by the Defendant.
Subsequent to the filing of the accounts by the affected banks, the respondents herein, filed an application for Summary Judgment for the sum of $3,042,000.00 per the grounds averred to in a 27-paragraph supporting affidavit.
In an affidavit in opposition sworn to by one John Cobbina Buabing, managing clerk at the law firm Amua Sekyi & Co., the defendant conceded owing $1,475,330.
On the day of the application Mr. Amuah Sekyi again made