AYUB BEN-AHMED VS MASAOUDU YAKUB & ANOR
April 5, 2023
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE ENYONAM ADINYIRA
Areas of Law
- Civil Procedure
April 5, 2023
HIGH COURT
GHANA
CORAM
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MOTION ON NOTICE FOR AN ORDER OF DISCONTINUANCE OF THE SUIT Counsel for Plaintiffs/Applicant Your Ladyship, on the 4/04/2023 we filed a notice of discontinuance of the entire suit instituted against the Defendants herein.
We have served the Defendants today through Luke Ayamga the junior lawyer of the Defendants lawyer, Raphael Alijina.
We are very confident that Counsel for the Defendants would waive costs.
We deem therefore pray that the notice of discontinuance is granted by the Honourable Court.
We pray accordingly.
BY COURT Notice of Discontinuance as filed on the 4/04/2023 and served through his junior Luke Ayamga at this Court premises on 5/04/2023 is granted as prayed.
No award as to costs is granted.
SGD). JUSTICE ENYONAM ADINYIRA (J)HIGH COURT JUDGE.
AI Generated Summary
In the High Court, counsel for the Plaintiffs/Applicants sought to end their action against the Defendants by filing a notice of discontinuance on 4 April 2023. They informed the court that service had been effected the same day on the Defendants through their lawyer’s junior, Luke Ayamga, at the court premises, and expressed confidence that defence counsel would waive any claim to costs. The application prayed the court to grant the discontinuance. The presiding judge, Her Ladyship Justice Enyonam Adinyira, issued a short order granting the notice of discontinuance as prayed. In exercising the court’s discretion on ancillary matters, Her Ladyship also directed that there be no award as to costs. The order thus terminated the suit without any financial consequence in costs to either party.