AXEX COMPANY LIMITED v. KWAME OPOKU SYLOP COMPANY LIMITED & UNIQUE COMPANY LIMITED
2013
SUPREME COURT
GHANA
CORAM
- ATUGUBA, JSC (PRESIDING)
- ANSAH, JSC
- ANDINYIRA[ MRS],JSC
- OWUSU [MS], JSC
- DOTSE, JSC
- GBADEGBE,JSC
- AKAMBA,JSC
Areas of Law
- Civil Procedure
2013
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court dismissed the review application filed by the appellant against its prior decision. The case began with the respondent seeking various orders against the appellants, resulting in summary judgment for an amount conceded by the appellants. Subsequent appeals and an application for review were grounded on claims of exceptional circumstances and miscarriages of justice. The court found no merit in these claims, asserting the importance of demonstrating clear exceptional circumstances for a review. The concurring opinion emphasized that review applications should not be an opportunity to re-argue decided appeals, reinforcing the need for strict adherence to procedural rules.
AKAMBA, JSC:
This review application lies from the unanimous decision of this court rendered on 19th July 2012 dismissing an appeal from a decision of the Court of Appeal dated 31st July 2008.
The material facts giving rise to the present application are as follows:
The plaintiff/respondent/respondent (Axes Company Ltd) herein after simply referred to as the respondent issued a writ of summons in the High Court claiming
as plaintiffs for an order of interim injunction restraining the 1st Defendant/Appellant/Applicant from disposing of a building at the Tema end of the Motorway (Tema); an order freezing the accounts of the 1st , 2nd and 3rd Defendants/Appellants/Applicants at Ecobank, Tema; an order freezing the accounts of the 1st Defendant/Applicant at Barclays Bank, Tema; an order compelling Barclays Bank, Tema to furnish the court with the statement of accounts of the 1st Defendant/Appellant/Applicant from January 2004 to date; an order compelling Ecobank to furnish the court with the statement of accounts of the 2nd and 3rd Defendants/Appellants/Applicants from January 2004 to date. Attached to the writ was an 18-paragraph statement of its claims. The Defendants/Appellants/Applicants are hereinafter simply referred to as Applicants.
The writ was immediately followed with an application for interim injunction on 9/01/07 which application was heard on 12/01/07. Mr. Amua Sekyi who appeared as counsel for the Applicants had no objection to the application except that they be given time within which a statement of account be furnished of the period so as to advise themselves. Mr Amua Sekyi appears to have made the above concessions without any formal filing of appearance that day. He eventually entered appearance on 2/02/07. The application was granted and certain consequential orders made, including that:
“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 Applicants.
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 relying on grounds deposed to in a 27-paragraph supporting affidavit.
In an affidavit in opposition sworn to by one John Cobbina Buabeng, Managing Clerk at the law firm o